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Mashudu Netsianda, Senior Court Reporter
A SUCCESSION battle to be appointed Sibangani village head in Esigodini has spilled into court as a claimant to the position has demanded that his rival undergoes DNA tests to prove that he is the rightful heir to the throne.
The post fell vacant in November 2015 following the death of Headman Jonah Dube.
Mr Mpikelelo Ngangezwe Khumalo and his siblings Bekezela Masuku, Nothando Dube and Zandile Masuku through their lawyers VJ Mpofu and Associates, filed an application at the Bulawayo High Court citing Umzingwane district co-ordinator (formerly district administrator), Chief Stanley Gwebu and Mr Mike Dube who has been nominated a successor as respondents.
The four applicants want an order interdicting the district co-ordinator and Chief Gwebu from endorsing or presiding over the appointment of Mr Dube or his proxies as Sibangani Village head. They also want the court to direct Mr Dube to undergo DNA tests to prove his paternity and biological entitlement as a member of the Ndonga clan warranting him to take over as their village head.
In his founding affidavit, Mr Khumalo argued that he was the rightful heir to the throne. “I am the eldest son to the late Jonah Dube and the other three applicants (Bekezela, Nothando and Zandile) are my siblings as we share the same father. Before his demise, my father was a village head of Village 4, Sibangani in Esigodini, Umzingwane district,” he said.
Mr Khumalo said on May 20 last year, Chief Gwebu convened a meeting for the appointment of a new village head and it was agreed that Mr Dube should take over the reins.
“There was an objection to the appointment of the third respondent in that in terms of the Traditional Leaders Act, the headman is supposed to preside over the matter. It is common cause that there was no valid nomination by the headman since there is no validly appointed village head,” he said.
Mr Khumalo questioned Mr Dube’s paternity, arguing that he was not part of the family hence he does not qualify to succeed their father. “Following my father’s death and as proof of his biological incapacity, I am the one who performed all cultural and traditional rituals by holding his stick during his funeral and no one complained about this rite, including Chief Gwebu because it was the right thing to do. I therefore challenge the third respondent to undergo a DNA test to prove that biologically he is not son to the late Jonah Dube,” he said.
He argued that Chief Gwebu and the district co-ordinator were incompetent and not qualified to preside over the appointment of the village head.
Mr Khumalo also said Mr Dube does not qualify to be village head since he had relocated to Masvingo more than 20 years ago.
However, in his notice of opposition, through the Civil Division in the Attorney-General’s Office, the acting Permanent Secretary in the Ministry of Local Government, Public Works and National Housing, Mr Joseph Mhakayakora, said the relocation of Mr Dube does not stop him from taking up the position of village head as long as he is legitimate and interested in returning to his village of origin.
He disputed Mr Khumalo’s assertion that the district co-ordinator appointed the third respondent, saying his role is only confined to facilitating the nomination process.
Online Reporter