ALTHOUGH the North Gauteng High Court ruled in favour of Prince Simakade in December 2023 by declaring the recognition of King Misuzulu as the Zulu King by President Cyril Ramaphosa unlawful, Simakade is still not happy.
Prince Simakade, known as Zondamagwala, battling with his half-brother King Misuzulu for the Zulu throne in court, has applied for leave to appeal.
On 11 December 2023, Judge Norman Davis declared King Misuzulu's recognition unlawful and set aside it.
In the application by Prince Simakade's legal attorneys Hammann-Moosa Inc. to North Gauteng High Court, they said they applied for leave to appeal, alternatively, cross-appeal, against part of the order and judgment granted by Justice Norman Davis on 11 December 2023.
"Take further notice that Prince Simakade seeks leave to appeal against the following parts of the order and judgment.
"The dismissal of the relief sought by Prince Simakade pertaining the condition of remittal to the investigation committee; The omission from paragraph 2 of the Court's order of the word ‘afresh' after the word ‘investigation'; The findings in paragraph 30-36 of the judgment in relation to res judicata."
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"Take further notice that Prince Simakade seeks leave to appeal to the Supreme Court of Appeal and does so both on the basis that the appeal, alternatively, cross-appeal, has a reasonable prospect of success, and also that there are compelling reasons why he appeals, alternatively, cross-appeal, should be heard, including the importance of the issues raised, and the far-reaching findings in relation to the application of the relaxed res judicata principles, which are important not only for the present case but more generally.
"First ground of appeal: failure to grant relief pertaining to the condition of remittal to the investigation committee."
"Second ground of appeal: misapplication of the res judicata principle the judgment finds, at para 36, that ‘the plea of res judicata raised on behalf of respondents is good and it is not open for this court to overturn the judgment of Madondo AJP which is what would happen if the principal relief, namely the review and setting aside of the identification decision of 14 May 2021 were to be ordered," the application said.
