Parliamentary Legal Adviser Bulelani Simani addressed the Portfolio Committee on Land Reform and Rural Development. I Screengrab
The Portfolio Committee on Land Reform and Rural Development was on a fact-finding mission on the legal foundations of the Ingonyama Trust and Ingonyama Trust Board (ITB) on Wednesday.
The committee received a legal opinion from the Parliamentary Legal Services on the legal foundations of the Trust and its Board, ownership, and vesting of property/assets, powers, and functions of the Minister, the sole trustee.
Recently, King Misuzulu ka Zwelithini sacked the entire ITB board except for Dr Thandiwe Dlamini, who now appears to be managing the Trust. The suspension also extended to the Chief Executive Officer and Chief Financial Officer, pending a forensic investigation.
The king also appointed Van Rensburg Kruger Rakwena Attorneys to manage the affairs of the Trust in the absence of the board. He accused the board of financial mismanagement and appointed the law firm to institute a forensic investigation spanning the past five years.
Chief Parliamentary Legal Advisor, Zuraya Adhikarie, said the Constitutional and Legal Services Office (CLSO) was requested to advise the committee on how it should respond to the governance challenges of the ITB.
More specifically, whether the Ingonyama, who is the sole trustee of the Ingonyama Trust and chairperson of the Board, has the power to suspend the members of the Board or disband it.
“It is our view that the chairperson of the Board acted beyond the scope of his powers in suspending a member of the Board as such power to appoint and suspend members of the Board, is vested with the Minister. The Portfolio Committee is empowered in terms of the Constitution and National Assembly rules to request the chairperson of the Board to account for the affairs of the Board as the public entity listed in Schedule 3 of the Public Finance Management Act,” Adhikarie stated.
It was reported previously that Land Reform Minister Mzwanele Nyhontso made the king aware that he nullified his decision, reminding him that it was him (Nyhontso) and not the king who had the powers to suspend the Board.
Nyhontso also nullified the appointment of the law firm to investigate the Trust, stating that a decision must be taken by the Board.
Nyhontso has not been able to meet with King Misuzulu because he is still in customary isolation.
On Wednesday, the portfolio committee chairperson Mangaqa Mncwango said they are expected to be in KwaZulu-Natal on February 24. Mncwango stated that they would write to the king on Wednesday to request a meeting.
In terms of the legislation, the committee has powers to summon the king only if they have exhausted all other avenues. Mncwango said the legal services have empowered the committee.
“This has broadened our scope and understanding of the nature of issues and challenges that are bogging down the Board,” he said.
The committee is expected to meet the Department of Cooperative Governance and Traditional Affairs and the Provincial Houses of Traditional Leaders.
zainul.dawood@inl.co.za