Online Reporter
Lovemore Kadzura
Post Reporter
THE Mutare High Court has nullified the appointment of Mr Clayton Munyaradzi Zimunya as Chief Zimunya, ruling that the process leading to his installation was unlawful, procedurally flawed and inconsistent with the Constitution and the Traditional Leaders Act.
In a judgment delivered on Wednesday, Justice Isaiah Muzenda set aside Mr Zimunya’s appointment after finding that the Local Government and Public Works Minister, Honourable Daniel Garwe failed to follow the legally prescribed succession procedures when handling the selection of a substantive chief for the Zimunya chieftainship.
The court ruled that the minister acted outside the framework provided by the Constitution and the Traditional Leaders Act by appointing a commission to undertake a process that should have been driven by established family customs and traditional succession principles.
The matter was brought before the court by Zimunya Clan member, Mr Kufandada Dzobo, who challenged the legality of the appointment process.
Pending the selection of a substantive chief through a lawful process, Justice Muzenda ordered that Mr Denis Munyarari continue serving as Acting Chief Zimunya in terms of Section 4 of the Traditional Leaders Act [Chapter 29:17].
The ruling effectively leaves the Zimunya chieftainship vacant, with the Ministry of Local Government and Public Works now expected to initiate a fresh succession process in accordance with the law and recognised customary practices.
In his judgment, Justice Muzenda said the minister relied on an improper process that did not adequately take into account the customs and traditions governing succession within the Zimunya clan.
He observed that recommendations made by both the Manicaland Provincial Assembly of Chiefs and the National Council of Chiefs were not properly considered before the minister made his recommendation for appointment.
“The Constitution and the Traditional Leaders Act do not provide for a commission to process the nomination of a chief. The individuals constituting that commission were not conversant with the established customs and traditions of the Zimunya people.
“A commission is not prescribed as a form of the selection process. Its use contravened both the Constitution and the Traditional Leaders Act,” ruled Justice Muzenda.
The judge further held that customary succession principles should form the foundation of any traditional leadership appointment and that external research could not replace community traditions.
“It is clear that there was no due consideration of established and accepted customary principles of succession before the minister made his recommendation to the President. Research is alien to the succession process of the Zimunya Clan,” he said.
Justice Muzenda noted that at a meeting held by the Manicaland Provincial Assembly of Chiefs in Mutare on November 14, 2025, traditional leaders unanimously concluded that Mr Zimunya was not properly appointed because the process relied on research conducted on behalf of the ministry rather than established succession customs.
He described that finding as fundamentally undermining the legitimacy of the appointment process.
The judge stressed that the selection of traditional leaders is primarily the responsibility of the concerned family and community, acting in accordance with recognised customs and traditions before forwarding a suitable successor’s name for consideration by Government.
He said while the President formally appoints chiefs, the recommendation process leading to that appointment must be rooted in lawful and customary succession procedures.
Contacted for comment following the ruling, Mr Zimunya said he would appeal against the judgment.
He argued that the courts should not interfere with the President’s appointment of traditional leaders and maintained that his elevation to the chieftainship was properly supported.
“I am not in agreement with the court’s findings, and I will be appealing against the judgment. The appointment of chiefs is done by the President, not the courts,” said Mr Zimunya.
He also disputed the court’s finding that the Manicaland Provincial Assembly of Chiefs opposed his appointment.
“The court said the Provincial Chiefs Assembly was against my appointment, yet there are minutes showing that the assembly supported me. Those records exist and will form part of my appeal,” he said.
The ruling marks the latest chapter in the long-running dispute over succession to the Zimunya chieftainship, a matter that has attracted intense interest within the traditional leadership structures of Manicaland Province.
