Danisa Masuku, [email protected]
THE appointment of Major Bankwe as substantive Chief Bankwe has been challenged at the Bulawayo High Court, with the applicant alleging that the process leading to his selection was procedurally flawed and unlawful.
Mr Hlepheko Sibanda has approached the High Court seeking to set aside the recommendation made by the Midlands Provincial Assembly of Chiefs on November 7 last year, as well as the subsequent appointment of Major Bankwe by the President.
The matter, under case number HCBC322/26, was heard at the Bulawayo High Court yesterday before Justice Mpokiseng Dube, who reserved judgment.
In papers before the court, Local Government and Public Works Minister Daniel Garwe, the president of the National Council of Chiefs, Chief Mtshane Khumalo and the district development coordinator for Mberengwa were cited as respondents.
Mr Sibanda was represented by Mr Garry Sengweni of Sengweni Legal Practitioners.
According to Mr Sibanda’s heads of argument, the selection process was marred by material procedural irregularities, including inadequate notice to members of the Bankwe clan and failure to give affected parties a reasonable opportunity to make representations.
Mr Sibanda, through his lawyer, argued that no written notice was issued before the November 7 meeting, with the respondents acknowledging that the invitation was communicated by telephone to then Acting Chief Maxwell Sibanda.
“The communication did not specify the purpose of the meeting, its venue and date, the composition of the panel or the criteria to be used in selecting the substantive chief,” argued Mr Sengweni.
He further argued that the Kuzviwawadza house, one of the five houses of the Bankwe chieftainship, was not represented at the meeting.
Mr Sengweni also alleged that acting Chief Maxwell Sibanda was denied an opportunity to make representations after being deemed to have an interest in the matter, while objections raised by other members of the clan were allegedly not properly recorded or resolved.
The applicant also challenged the appointment on customary grounds, arguing that the Siposa house was disqualified from ascending to the chieftainship because of its sacred Magadza role.
Mr Sengweni argued that a 2017 clan resolution confirming the principle was not considered during the 2025 selection process, with only the 2016 minutes being read.
“The selective consideration of the minutes predetermined the outcome and resulted in Major Bankwe, a member of the Siposa house, being recommended for appointment,” argued Mr Sengweni.
However, the respondents are opposing the application and maintain that the selection process was lawful and that the nomination followed the customary practices of the Bankwe clan.
They argued that Mr Sibanda was informed of the meeting through the acting chief and participated in the proceedings.
The respondents have urged the court to dismiss the application.
Justice Dube reserved judgment.
