The Ingonyama Trust Board has rejected the decision of Land Reform Minister, Mzwanele Nyhontso, to disband it, citing that the move is unlawful and inconsistent with the KwaZulu-Natal Ingonyama Trust Act. The Board’s rejection comes after Nyhontso announced on Wednesday that he had taken the decision to dissolve the Board due to the lack of capacity to take lawful decisions, as it was left with less than five members.
Nyhontso had consulted with KwaZulu-Natal Premier Thamsanqa Ntuli and King Misuzulu kaZwelithini before making the decision. He also announced that the day-to-day operations of the Board would fall under an administrator. However, the Board argued that the decision was irrational and contrary to the Act, as vacancies in the Board do not prevent it from carrying out its functions.
Legal Implications
The Board stated that the Minister’s announcement is ultra vires and inconsistent with the KwaZulu-Natal Ingonyama Trust Act, the Administrative Regulations made under that Act, and the Public Finance Management Act (PFMA). The Board noted that Regulation 3 of the Administrative Regulations sets out the limited circumstances in which a member vacates office and expressly provides that, where a vacancy arises before expiry of a term, a replacement must be appointed in the same manner as the vacating member.
The Board also argued that the lawful response to resignation is the filling of vacancies through the prescribed statutory process, not the displacement of the Board through an extra-statutory arrangement. The Board announced that it is obtaining legal advice on the Minister’s announced intervention and reserves all of its rights, including the right to challenge any unlawful decision through the appropriate legal processes.
Next Steps
The Board’s rejection of the Minister’s decision has sparked a new wave of uncertainty regarding the future of the Ingonyama Trust Board. As the situation unfolds, it remains to be seen how the Minister will respond to the Board’s rejection. In the meantime, the Board will continue to operate as usual, despite the Minister’s announcement.
Some of the key issues that the Board will need to address in the coming days and weeks include:
- Obtaining legal advice on the Minister’s announced intervention
- Challenging any unlawful decisions through the appropriate legal processes
- Continuing to operate as usual, despite the Minister’s announcement
The situation is complex and multifaceted, and it will require careful consideration and navigation by all parties involved. As the situation continues to unfold, it is likely that there will be further developments and updates.
