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Legalbrief   |   your legal news hub Sunday 14 December 2025

Deep divisions as Queen Elizabeth II bows out

In a few years, there will be only five kings in the world – the King of England and the four kings in a pack of cards.

– Farouk I, King of Egypt (1950)

 

Across the continent, millions of Africans are reflecting on the legacy of Queen Elizabeth II who died on Thursday. Nowhere more than in Kenya which had great significance for the monarch who was in the country when she heard the news of her father's passing in 1952. When she succeeded George VI, Queen Elizabeth became monarch and head of state of SA as well as the UK, Canada, Australia, New Zealand, Pakistan and Ceylon. Legalbrief notes that Kenya’s outgoing President Uhuru Kenyatta on Friday expressed a 'deep sense of loss' over her death. ‘Her Majesty Queen Elizabeth II was a towering icon of selfless service to humanity and a key figurehead of not only the United Kingdom and the Commonwealth of Nations where Kenya is a distinguished member, but the entire world,’ he said.

The Commonwealth's membership has expanded to include nations with no historic ties to Britain, with Rwanda joining in 2009. President Paul Kagame also condoled the queen's passing and said ‘the modern Commonwealth is her legacy.’ The Daily Maverick reports that South African President Cyril Ramaphosa has paid tribute to Queen Elizabeth II as ‘an extraordinary and world-renowned public figure who lived a remarkable life. Her life and legacy will be fondly remembered by many around the world’. He expressed ‘profound and sincere condolences to His Majesty, King Charles III, on behalf of the Government and people of South Africa.’ And Mangosuthu Buthelezi expressed deepest condolences to the House of Windsor on behalf of King Misuzulu kaZwelithini and the Zulu Royal Family as well as on his own behalf as traditional prime minister to the Zulu monarch and nation. ‘Our prayers are with the Royal Family, and with Prime Minister Liz Truss as she leads a nation in mourning. May God comfort the people of the United Kingdom, and all those around the world who felt such great esteem and affection for Her Majesty the Queen.’

There was also a swift backlash from SA’s African Transformation Movement MP Vuyo Zungula who penned a list of demands. ‘SA should now leave the Commonwealth, demand reparations for all the harm done by Britain, draft a new Constitution based on the will of the people of SA not the British Magna Carta, and demand the return of all the gold, diamonds stolen by Britain.’ The Daily Dispatch reports that former ANC lawmaker Thanduxolo Sabelo said the world-famous Cullinan Diamond must be returned from the crown jewels. ‘The minerals of our country and other countries continue to benefit Britain at the expense of our people. We remain in deep, shameful poverty, we remain with mass unemployment and rising levels of crime due to the oppression and devastation caused by her and her forefathers. ‘The Cullinan Diamond must be returned to SA with immediate effect,’ he wrote. The opposition Economic Freedom Fighters said the queen never acknowledged ‘crimes that Britain, and her family in particular, perpetuated across the world’.

Given the tectonic global shifts that have seen the rise in influence of emerging powers, the assertion of sovereignty by developing countries and the decline of many industrial nations, the Commonwealth could disintegrate – unless it’s dramatically reformed – now that the monarch has died. In a Sunday Times analysis, academic William Gumede notes that although industrial countries still dominate the global economy and multilateral organisations, and have the power to determine what is right or wrong, developing countries are less dependent on markets, technologies and ideas from them. ‘These global shifts have created new international groupings, fractured long-standing international alliances and led to the formation of rival developing country global institutions, in contrast to those dominated by their industrial counterparts. The Brics development bank and the Asian Infrastructure Investment Bank, political leaders, intellectuals, business, civil society and the media elite in many industrial countries appear not to have fully grasped these global power shifts and how they are reshaping the world.’

In an analysis in The Sunday Independent, Lance Witten notes that the Queen presided over the Commonwealth at a time when world wars were raging, independence movements were being put down by her government, ‘rebel’ leaders were killed, revolutionists raped, tortured and murdered, paedophiles in her own family supported and protected, priceless artefacts remained in British custody, all while decolonisation movements were gaining traction around the world. ‘Belgium’s royal family apologised for the pain and continued legacy its colonisation wrought upon Africa. Plans are being made to return artefacts to the countries from which they were pilfered, but not by Britain. Lizzy had the perfect opportunity to act, to save face, to turn around the negative sentiment around monarchies as one of the most recognised monarchs in the modern age... and yet, she did nothing.’

While it is still not clear what the future holds for the UK and the African continent, the debate about reparations for British colonialism has waxed hot in many former colonies. The Citizen reports that author Victor Kgomoeswana said the death of the monarch should not be a cause for universal grief, but an opportunity to undo the damage the British Empire did through its rebranding of colonisation. ‘She didn’t do anything benevolent… If she had done anything benevolent, South Africa would have been a much different country socioeconomically – and it is not,’ he said. ‘You can go to Ghana, Kenya, Nigeria … you will find the same trace of economic injustice that’s thanks to the UK.’ Stellenbosch University futurist lecturer Dr Morné Mostert said while the institution of the royal family held cultural significance, it was outdated as a form of government in the 21st century, regardless of how hard they worked to create an illusion of their own superiority. ‘Now is there an opportunity for Charles? I think there is more than an opportunity. There is an obligation,’ he said. ‘The British Empire has caused multigenerational damage to vast territories in the world – and that includes cultural damage – and I would suggest Charles, as a matter of urgency, shuts down immediately the British Museum and returns instantly all artefacts to African nations, for starters.’