Minister Nyhontso asserts authority on Ingonyama Trust board appointments

Land Reform and Rural Development Minister Mzwanele Nyhontso has defended his authority to appoint members of the Ingonyama Trust Board (ITB).

This after MK Party MP Andile Mngxitama, during a question-and-answer session in the National Assembly, asked Nyhontso about his powers to appoint members of the Ingonyama Trust Board.

Nyhontso, who oversees the administration of the Act governing the trust, clarified that his appointment powers are well-defined within the legislation.

“The king of the Zulu nation is automatically the chairperson of the board, and also has powers to appoint one member to be his representative,” he said.

Nyhontso emphasised that he consults King Misuzulu, KwaZulu-Natal Premier Thami Ntuli, and the chairperson of the House of Traditional Leaders of KwaZulu-Natal before making four board appointments.

“A further four members of the board are also appointed by the minister with due regard to regional interests in consultation with the premier, who shall consult with the Ingonyama and the chairperson of the House of Traditional Leaders in this regard.

“Therefore, there is no provision in the Act that expressly prohibits the appointment to the board of persons who reside outside the province of KwaZulu-Natal,” he said.

Mngxitama said the crux of the matter was that King Misuzulu has limited powers, suggesting that Nyhontso had usurped them.

“Now, as a good Pan Africanist, shouldn't you surrender those powers to the king as we wait to amend the law?” he asked.

Nyhontso said he respected the Constitution and was working according to its prescripts.

“I did not usurp any powers. I found the laws here, and by the way, I am working very well with the king of KwaZulu. As a result, two weeks ago, I was with him at eMashobeni (Royal Place),” added the minister.

DA MP Matlhodi Maseko questioned the department's commitment to ensuring that board representation accurately reflects the interests of communities affected by the trust’s mandate.

Nyhontso responded with plans for an investigation led by Advocate Marumo Moerane SC to assess the benefits obtained by land beneficiaries from the Ingonyama Trust Board land.

“In terms of representation, remember, I found the board here. I don't know what happened when the members were appointed, or what was looked at before appointing members from outside KwaZulu-Natal.

“But, I would assume that the fact that the other four are appointed is taking into consideration the regional interests,” he said when asked if the ministry was considering revising the appointment framework to ensure that land beneficiaries have a greater voice.

Moerane was appointed to chair a commission investigating the governance and financial management of the Ingonyama Trust Board.

EFF MP Eugene Mthethwa suggested that the confusion between Nyhontso and King Misuzulu may stem from broader systemic issues within the governance structure, rather than just a lack of clarity in the powers granted by the Ingonyama Trust Act.

Mthethwa was referring to an instance when the king dissolved the board, fired the CEO and CFO, and appointed lawyers to run the affairs of the ITB, resulting in Nyhontso issuing a statement that the king does not have the power to dissolve the board, as the authority to do so resided with him.

Nyhontso said there was no confusion between himself and the king.

“I can't address something that is not there. I'm working very well with the king. He is happy with what I'm doing. He's happy with the progress we're making, and therefore, everything is going well.”

ANC MP Rachel Cecilia Adams highlighted the governance instability within the Ingonyama Trust, specifically relating to the Ingonyama Holdings over directorship and land transactions, which led to litigation.

Nyhontso said Moerane will investigate all issues pertaining to Ingonyama Trust and Ingonyama Holdings.

“We are waiting for the senior counsel to bring recommendations, and we are hoping that with this, it will definitely bring stability to the Ingonyama Trust board.”

mayibongwe.maqhina@inl.co.za