The Witness reported last week that several executive members of the board were served with suspension letters, prompting a stand-off between the King and the board.
Minister of Land Reform and Rural Development Mzwanele Nyhontso has stated that Zulu King Misuzulu kaZwelithini acted beyond his powers by suspending members of the Ingonyama Trust Board, asserting that such authority rests solely with the minister.
The Witness reported last week that several executive members of the board were served with suspension letters, prompting a stand-off between the King and the board.
It was revealed that these suspensions followed the appointment of a Witbank-based law firm to conduct a forensic investigation into the Trust’s affairs.
On December 2, King Misuzulu notified the board of the appointment of the law firm to oversee the investigation.
On December 20, the firm requested access to the Trust’s data room.
However, the board objected to the investigation on Christmas Eve, stating that they had not been informed about the probe or involved in the firm’s selection.
Shortly after, Ingonyama Trust CEO Vela Mngwengwe, CFO Siyamdumisa Vilakazi, and most of the board members received their suspension letters.
In a media statement, Nyhontso condemned the actions of King Misuzulu, arguing that the suspension and the King’s unilateral appointment of the law firm were “ultra vires” [beyond the legal powers granted to him].
“This action is in direct conflict with the principles of good corporate governance,” Nyhontso said.
“It will not stand legal scrutiny if challenged.”
He said, according to the Ingonyama Trust Act of 1994 and the Public Finance Management Act (PFMA), the power to appoint and remove board members lies solely with the Minister of Land Reform.
“The King’s actions, including the suspension of board members, exceed his powers,” Nyhontso added.
The board remains in office until the minister determines otherwise, and this will only happen after following the correct procedures
Nyhontso affirmed his commitment to engaging with the board members to address any concerns relating to governance, supply chain management, or any breaches of the PFMA.
He stressed that his responsibility as minister includes the appointment, removal, and suspension of board members.
