Chombo sued

Senior Court Reporter
A Gutu man has taken Local Government, Public Works and National Housing Minister Dr Ignatius Chombo to court accusing his office of illegally taking the Mataruse headmaship from him last month. Mr Mudzingwa Stewart Shumbanhete argues that he was the substantive headman for six years, but the ministry, on January 20, appointed Mr Thomas Mataruse to the post.

Through lawyer Mr Raymond Nembo, Mr Shumbanhete filed an urgent chamber application at the High Court seeking to nullify the appointment.

Mr Shumbanhete says Mr Mataruse’s appointment is illegal as Government failed to follow laid-down procedures under the Traditional Leaders Act to remove him from office first.

He cites Dr Chombo, in his official capacity, as the first respondent. Chief Gutu, the Gutu district administrator, the Masvingo provincial administrator and Mr Mataruse are also cited as respondents.

Mr Shumbanhete wants the High Court to nullify Mr Mataruse’s appointment pending determination of his main challenge under High Court Number 8808/11, which will declare the legitimate headman.

The matter was still to be set down for hearing.
In his founding affidavit, Mr Shumbanhete states that Dr Chombo appointed him substantive Headman Mataruse on June 29, 2009.

He says he was entitled to allowances, but a year later, these were scrapped without explanation.
Mr Shumbanhete says he queried this with the district and provincial administrators, who promised to look into the matter.

While waiting for Government to address the allowances issue, Mr Shumbanhete says he learnt that the ministry intended to install Mr Mataruse as substantive headman on March 6, 2013.

On January 17, Mr Shumbanhete instructed his lawyers to write to Dr Chombo demanding payment of outstanding allowances.
Three days later, the minister confirmed Mr Mataruse as the new headman with effect from January 14, 2014.

Mr Shumbanhete claims he was only officially informed of the development through a letter dated January 28 this year.
He argues that Section 10 of the Traditional Leaders Act compels Government to first formally remove the sitting headman before appointing a new one.

The respondents are yet to file responses.