adminJustice Andrew Mutema on Wednesday dismissed an application by Mr Chadoka to strip Cde Chigwedere of the headmanship. The court ruled that Cde Chigwedere was a credible witness and that the bribery allegations raised against him were baseless and unsubstantiated.
“It is not enough for the plaintiff to simply proffer a bare allegation that the fourth defendant (Cde Chigwedere) doctored the documentary evidence that he tendered in court.
“The allegation that fourth defendant bribed the third defendant (Chief Bernard Svosve) with a beast and a goat to induce his nomination is not supported by any evidence or probability.
“I do not believe that a bribe of that nature would be paid at such a public gathering.
“The fourth defendant’s explanation pertaining to why these beasts were paid is credible — never mind that the third defendant had said the insult had been made before he was acting chief,” he said.
Justice Mutema found that Mr Chadoka and his witnesses failed to prove Cde Chigwedere’s unsuitability to be appointed headman Mubaiwa.
It was the court’s finding that in the appointment of a headman or a village head, the Minister of Local Government, Urban and Rural Development and the secretary have unfettered discretion. Both are not required to give due consideration to the prevailing customary principles of succession.
The court also held that the law gives the minister to appoint any suitable headman nominated by the chief.
The chief also has powers to nominate whoever he feels suitable for the position. Not even a shred of evidence was adduced by the defendants to prove that Cde
Chigwedere was not suitable for the post.
Mr Chadoka, who was described as unsophisticated together with his witnesses, failed to give a proper genealogy of the family while the educated Cde Chigwedere convincingly narrated the history with supportive evidence from the archives.
Online Reporter