Online Reporter
Fidelis Munyoro-Chief Court Reporter
THE High Court has thrown out an application seeking to overturn the appointment of Headman Makwarimba in Wedza, ruling that the dispute must be resolved through Zimbabwe’s traditional leadership structures and not by the courts.
In a judgment delivered last week, Justice Joel Mambara upheld a preliminary objection raised by appointed Headman Beaven Makwarimba and dismissed an application brought by Tichawona Muchinjiko, who sought to nullify the nomination process and set aside Makwarimba’s appointment.
Instead, the judge ordered that the long-running dispute be referred back to the Mashonaland East Provincial Assembly of Chiefs for consideration and recommendation through the minister responsible for traditional leaders to the President, in terms of section 283 of the Constitution.
“The court has no jurisdiction to grant that declaratory relief at this stage,” ruled Justice Mambara.
The dispute centres on the Makwarimba headmanship under Chief Svosve, where rival claims have emerged over succession, lineage and customary practice.
Muchinjiko argued that the nomination process disregarded local custom, excluded certain houses within the clan and ignored objections that had been raised before the appointment.
Headman Makwarimba disputed those allegations, maintaining that the appointment was conducted in accordance with the applicable customary rules and the Traditional Leaders Act. However, the High Court avoided entering the merits of those competing claims.
“It is not necessary and it would be improper for this court to decide the competing claims regarding the customary rotational system, the eligibility of the various houses, the alleged exclusion of the Muchinjiko household, or the propriety of the third respondent’s appointment,” Justice Mambara said.
According to the court, the Constitution provides a clear pathway for resolving disputes involving traditional leaders.
Section 283 places responsibility for handling such disputes on traditional leadership institutions, with the President ultimately making the final determination after receiving recommendations from the Provincial Assembly of Chiefs through the responsible minister.
“Traditional leadership disputes are not ordinary civil disputes in which the court should readily decide who is, or is not, the proper occupant of a traditional office.”
