adminDaniel Nemukuyu Senior Reporter
A Gutu man who lost his traditional leadership post under unclear circumstances last month has been reinstated as Headman Mataruse pending determination on the propriety of his removal from office.
Mr Mudzingwa Stewart Shumbanhete argues that he was the substantive headman for six years but the Ministry of Local Government, Public Works and National Housing on January 20, appointed Mr Thomas Mataruse to the post.
His lawyer, Mr Raymond Nembo of Sawyer and Mkushi, filed an urgent chamber application seeking reinstatement and to set aside the new appointment pending determination of the main case.
High Court judge Justice Chinembiri Bhunu this week ruled that: “By consent, it is ordered that the appointment of the second respondent by the first respondent as substantive Headman Mataruse be and is hereby suspended pending the determination by this honourable court of case number HC8088/11.
“The applicant be and is hereby reinstated as substantive Headman Mataruse.”
Mr Shumbanhete last week took Local Government, Public Works and National Housing Minister Dr Ignatius Chombo to court accusing his office of illegally taking the Mataruse headmaship from him.
Lawyers for the State initially opposed the application but after brief arguments before the judge in his chambers, they climbed down and consented to granting of the interim order.
Mr Nembo, on Mr Shumbanhete’s behalf, argued that Mr Mataruse’s appointment was illegal as Government failed to follow laid-down procedures under the Traditional Leaders Act to remove him from office first.
He cited 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.
In his founding affidavit, Mr Shumbanhete said Dr Chombo appointed him substantive Headman Mataruse on June 29, 2009.
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 said he learnt that the ministry intended to install Mr Mataruse 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 headman with effect from January 14, 2014.
Mr Shumbanhete claimed he was only officially informed of the development through a letter dated January 28 this year.
He argued that Section 10 of the Traditional Leaders Act compels Government to first formally remove the sitting headman before appointing a new one.
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