The Minister of Land Reform and Rural Development Mzwanele Nyhontso's disbandment of the Ingonyama Trust Board has been torpedoed after the Pietermaritzburg High Court overturned his decision. This was a second victory for the board this week after the same court, through an interim order, halted King Misuzulu kaZwelithini's attempt to take over control of its finances.
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A dramatic legal battle over the leadership of the body that controls vast tracts of communal land in KwaZulu-Natal escalated this week after the Pietermaritzburg High Court granted an urgent order halting the removal of several board members of the Ingonyama Trust Board (ITB).
In a ruling issued on Wednesday, March 25, the court ordered that the decision to terminate the positions of some board members be suspended with immediate effect pending the outcome of a further legal challenge.
On the same day, the same court also overtuerned Land Reform and Rural Development Minister Mzwanele Nyhontso's disbandment of the ITB, a decision that the minister had communicated to King Misuzulu kaZwelithini and the KwaZulu-Natal Premier Thami Ntuli.
The first dispute involves applicants led by traditional leader Inkosi Sbonelo Nkosinathi Mkhize, Adv Linda Zama, Inkosi Phallang Molefe who is the vice-chairperson of the ITB and Nomusa Zulu, who approached the court after their positions on the board of the Ingonyama Trust were terminated.
Among the respondents cited in the matter are Nyhotsho, the Zulu King, the Premier of KZN and the chairperson of the KwaZulu-Natal House of Traditional and Khoi-San Leaders, Inkosi Sifiso Shinga.
The court ordered that, pending the final determination of the case, the decision to remove the affected members be stayed. This was a second victory of the ITB in one day, following a ruling that halted the Zulu King's attempt to take over the finances of the Ingonyama Trust of which he is the sole Trustee. King Misuzulu kaZwelithini has until June to show cause why the interim order to have the status quo maintained should not be made permanent.
The remaining ITB members had approached court to have FNB accounts remain with the board after the Zulu King gave instructions to take over the finances. On Wednesday the High Court dealt the king a devastating blow by issuing an interim order that keeps the ITB in control of its financial affairs.
The Pietermaritzburg High Court this week dealt a double blow to King Misuzulu kaZwelithini as it halted, through an interim order, his attempt to take over control of the finances of the Ingonyama Trust Board. And on the same day, the same court also overturned Land Reform and Rural Development Minister Mzwanele Nyhontso's disbandment of the board, a decision that had been communicated to the KZN Premier and the king.
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The ruling of the disbandment of the board, means the applicants:
The order also interdicts the minister and other respondents from unlawfully interfering with the functioning of the board. In addition, the court granted permission for a board meeting, originally scheduled for March 25, to be held on Monday, March 30, 2026 if the earlier meeting could not proceed.
The Ingonyama Trust administers about 2.8 million hectares of land in KwaZulu-Natal, held in trust for Zulu communities.
Because the land falls under traditional authority structures and has major economic implications, the governance of the trust has long been politically sensitive.
The court order effectively freezes the attempted restructuring of the board, at least temporarily.
The court reserved costs and adjourned the matter indefinitely while waiting for the next phase of the application, often referred to as “Part B”, where the court will decide the substantive dispute.
That stage could determine whether the removal of the board members was lawful and whether the minister or other authorities acted within their powers.
Until then, the interim order ensures the current members continue serving, maintaining the existing leadership of the board while the legal fight unfolds.
The outcome could have far-reaching implications for governance of communal land in KwaZulu-Natal, as well as for the balance of power between government, traditional leadership and the trust. The minister had disbanded the board citing "governance failures" due to the resignation of various members of the board, leaving only four members in Inkosi Mkhize, Inkosi Molefe, Adv Zama and Zulu. The acting chief executive officer Siyamdumisa Vilakazi of the board, had also opposed the disbandment.
Nyhontso had argued that, four members did not make the quorum and the Administrative Regulations of the Act require at least five members for a board meeting to go ahead.