KZN widow wins in court

By Drum Digital
04 January 2015

A 30-year-old widow of a deposed KwaZulu-Natal chief has won the right to take the KwaZulu-Natal premier to court on behalf of her five-year-old son.

A 30-year-old widow of a deposed KwaZulu-Natal chief has won the right to take the KwaZulu-Natal premier to court on behalf of her five-year-old son, City Press reported on Sunday.

Sthembile Mbuyazi approached the Supreme Court of Appeal after the high court ruled she could not act as the executrix of her late husband Sibusiso Mbuyazi's estate, nor as their son's legal representative.

Her husband, who was chief of the Mbuyazi traditional authority in KwaMbonambi near Richards Bay, was removed by then premier Zweli Mkhize in 2010 on the basis of recommendations by then local government MEC Mike Mabuyakhulu, according to the report.

He was replaced by his half brother, Mkhanyiseni Mbonambi. Sibusiso went to court to fight for reinstatement but reportedly died before the matter could be concluded.

The SCA ruled in December that Mbuyazi be allowed to act on behalf of her husband's estate and bring an application for her son to be declared chief back to the high court. The premier was ordered to pay her legal costs.

At the centre of the matter is the delay in payment of R30 million to the KwaMbonambi community by Richards Bay Minerals (RBM). The control of this settlement, awarded by RBM to the village, is through a trust run by the sitting chief.

-SAPA

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