Smit NO and Others v King Goodwill Zwelithini Kabhekuzulu and Others (10237/2009) [2009] ZAKZPHC 75

4th December 2009

VAN DER REYDEN J:

I am satisfied that this application falls to be decided on the Plascon Evans principle (1084(3) SA 623 AD) and not according to Webster v Mitchell 1948(1) SA 1186(W).

Having adopted this approach I am satisfied that the Respondents' version of the UMKHOSI UKWESHWAMA festival and the fact that it has been celebrated for generations is to be preferred to that of the Applicants.

In the result there is no legal basis on which this court can grant the relief sought by the Applicant.

The obvious way to get consensus on the central issue raised in these papers, namely the slaughter of the bull and the manner in which it is done, is to approach the relevant authorities with the view of resolving the conflict between the Applicant and the representatives of the ZULU nation. Hopefully Parliament would intervene with a view to put this issue to rest.

In the result the application is dismissed with costs including the costs of two counsel.