The Ingonyama Trust (IT) has noted the decision by the Minister of Land Reform and Rural Development to terminate the membership of the remaining members of the Ingonyama Trust Board and to place the institution under transitional governance arrangements through letters transmitted late last night on 18 March 2026 at approximately 23h00.

According to the Minister’s letter, a final decision was thereafter taken following consultation with the Ingonyama and the Premier of KwaZulu-Natal. There is no mention of consultation with the KZN Provincial House of Traditional leaders in the letter from the Minister which leaves question on whether or not amaKhosi were consulted prior to this decision being taken.

The Minister states that the decision is based on what is described as a breakdown in governance relations, internal divisions among members, the resignation of several members before the expiry of their terms, instability in the institution’s governance structures, concerns about the sustainability of decision-making processes, risks to the lawful administration of the Trust and its land, the need to protect the public interest, and the stated intention to reconstitute the Board in order to restore stable governance.

The Minister’s letter further indicates that an Administrator will be designated to oversee the day-to-day operational administration of the Trust in terms of section 49(3) of the Public Finance Management Act, 1999, while a process to reconstitute the Board is pursued.

The Ingonyama Trust is deeply concerned that outside of it being inconsistent with the legal framework governing the Trust, the practical effect of this decision is to halt critical institutional processes that directly affect traditional communities.

Disbursements requested by amaKhosi for the benefit of traditional communities cannot proceed under the current circumstances, and approvals relating to tenure rights applications also cannot be finalised. These are not abstract governance issues. They have immediate consequences for communities, place severe strain on the operational functioning of the institution, and risk delaying development support, land administration processes and tenure-related security for affected beneficiaries.

The Ingonyama Trust is taking the matter under urgent review, as the purported termination is not consistent with the KwaZulu-Natal Ingonyama Trust Act and the applicable Administrative Regulations.

The Trust emphasises that vacancies do not automatically suspend the legal existence or functioning of the accounting authority. The Act expressly contemplates continuity, and the existence of governance strain cannot lawfully be treated as automatic grounds for effectively displacing the accounting authority.

Regulation 3 of the Administrative Regulations provides for how vacancies must be addressed, namely that they must be filled in the same manner in which the vacating members were appointed. In the Trust’s view, the proper legal response to vacancies is to fill them through the statutory process, not to sideline the institution itself.

In addition, Regulation 15 provides a continuity mechanism where a first meeting is not quorate, requiring that a further meeting be convened on notice and that the members present at that subsequent meeting constitute a quorum for that meeting. The Trust is therefore concerned that a regulatory mechanism specifically designed to ensure continuity appears to have been used to justify the Boards termination and institutional disruption.

The Trust also stresses that any process to reconstitute the Board must strictly comply with the appointment framework set out in the Act, including the consultation requirements applicable to the relevant categories of members. Any departure from that framework risks compounding the legal irregularities already arising from the present decision.

The Ingonyama Trust remains committed to lawful governance, accountability, due process and the protection of the interests of communities residing on Ingonyama Trust land.

The Ingonyama Trust reserves all of its rights and will communicate further through the appropriate channels.

Issued by:

Ingonyama Trust (IT)

Media enquiries:

Simpiwe Mxakaza

Tel: 033 846 9900 / 083 845 4888

Email: simpiwe.mxakaza@ingonyamatrust.org.za