Does King Dalindyebo have the power to remove Mandla Mandela as inkosi?

AbaThembu nation King Buyelekhaya Dalindyebo has recently made headlines by announcing the removal of Mandla Mandela, the grandson of former president Nelson Mandela, from his position as inkosi of Mvezo.

However, this decision has been met with skepticism, as it has been asserted that Dalindyebo lacks the authority to remove traditional leaders under his kingship.

Inkosi Langa Mavuso, the deputy chairperson of the National House of Traditional Leaders, expressed his views on the matter, stating that the king's announcement should not be a cause for concern. He emphasized that only the government has the power to remove a traditional leader, as stipulated by the relevant laws.

“The law does not allow the king (to depose an inkosi), so he cannot,” said Mavuso. “It is the family of inkosi who had the power to appoint an inkosi, not the premier and not a king, because they (family members) are the custodians of the chieftaincy.”

In addition to Mandla Mandela's removal, King Dalindyebo also announced the deposition of two other amakhosi, alleging that they had stolen their positions. When approached for comment regarding the king's decision, Mandela declined to respond, directing media inquiries back to Dalindyebo.

Mavuso further clarified that the Traditional Leadership and Governance Framework Amendment Act governs the removal of traditional leaders. According to this legislation, a leader may only be removed from office if convicted of an offence resulting in imprisonment for over 12 months without an option of a fine, or due to physical incapacity, mental infirmity, wrongful appointment, or a breach of customary rules that warrants removal.

“Even the father of Nelson Mandela was the Inkosi, but he was deposed. Mandla is now rebuilding the chieftaincy of his family,” he added.

Mavuso noted that this is not the first instance of King Dalindyebo attempting to depose an inkosi, recalling a previous attempt involving Inkosi Thandisizwe Mtirara. “Inkosi Mtirara took him to court, and he (Dalindyebo) was found wanting by the court,” said Mavuso.

Tensions between King Dalindyebo and Mandela reportedly escalated following the king's recent hosting of an Israeli delegation in Mthatha. King Dalindyebo’s spokesperson, Princess Ntando Dalindyebo, who is also his daughter, indicated that certain ANC leaders and traditional leaders, including Mandela, had advised against the visit due to allegations of genocide against the Palestinian people by the Israeli government.

During the announcement of Mandela's removal, which appeared to take place at an event attended by religious leaders, the king expressed his desire for any inkosi who did not respect him to relinquish their traditional powers.

“I want each inkosi who is not on good terms with me to leave the land of Dalindyebo,” he told the crowd.

He further stated that the Mvezo chieftaincy was conferred upon Nelson Mandela as an honour “not to him (Mandela).”

“He must leave me alone because he lacks respect. Today I pronounce that Mandla Mandela is no longer the Inkosi of Mvezo. While we are busy working hard to save our children here, he is busy with the plight of the Palestinian children. Palestine must give him the land where he is going to be the inkosi, not here in the Thembu land,” said the king.

King Dalindyebo also claimed that the AbaThembu land belongs to him, not to the amakhosi.

“Amakhosi are ruling over the land at the behest of the king,” he said.

Despite his claims to power, it is noteworthy that the Mthatha High Court had sentenced King Dalindyebo to 12 years for arson, kidnapping, and defeating the ends of justice in 2015. He was released in 2019 through a remission of sentences granted by President Cyril Ramaphosa.

When asked about the king's authority to depose an inkosi, Ntando stated that her father derives his powers “customarily” but did not elaborate further.

Eastern Cape Congress of Traditional Leaders of South Africa Chairperson, Inkosi Mwelo Nonkonyana, supported Mavuso's statements, asserting that traditional leaders are appointed by their respective royal families in accordance with customary law and applicable legislation. He emphasized that they do not serve at the pleasure of their Majesty kings.

Nonkonyana explained that the removal of traditional leaders in the Eastern Cape Province is regulated by the Eastern Cape Traditional Leadership and Governance Act No.1 of 2017, which requires evidence of wrongdoing or wrongful appointment. He stated that the process of removing an inkosi should commence with the premier appointing a tribunal to investigate any complaints against the inkosi.

“It stands to reason that only the Premier of the Eastern Cape Province has the power to remove traditional leaders who can only do so in accordance with applicable legislation.”

Nonkonyana remarked that Dalindyebo’s announcement regarding Mandela’s chieftaincy was not significant “at all,” he said.

“He is known for just speaking off the cuff, and it (announcement) does not have an impact,” said Nonkonyana.

SUNDAY TRIBUNE