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Mashudu Netsianda, Senior Court Reporter
CHIEF Tshovani of Chiredzi District has taken Local Government, Public Works and National Housing Minister July Moyo to court seeking an order to block the installation of another chief in his area of jurisdiction in Chiredzi District.
Mr Hlaisi Mundau, who is Chief Tshovani, wants an order interdicting Minister Moyo from officially installing Mr Clement Madzingo as Chief Neromwe, arguing that his appointment was unlawful.
Mr Mundau, through his lawyers Majoko and Majoko Legal Practitioners, has filed an urgent chamber application at the Bulawayo High Court, citing Minister Moyo, the Attorney-General Prince Machaya and Mr Madzingo, as respondents.
Mr Mundau said the appointment of Mr Madzingo as Chief Neromwe pending his court application under HC2964/17 in which he is challenging the resuscitation of the Neromwe chieftainship, was unlawful.
He said he was not consulted over the matter despite the fact that the area for the proposed Chief Neromwe falls under his jurisdiction.
In his founding affidavit, Mr Mundau said he has been sidelined by Senator Chief Chitanga in the process.
“My interest in the matter arises from the fact that I am a traditional leader and Chief Tshovani and there was a matter that the chieftainship be resuscitated in Chiredzi District where it is sought. I was installed in 1996 by the late John Landa Nkomo who was then the minister responsible,” he said.
Mr Mundau argued that the Traditional Leaders Act has not yet been aligned to the constitution and therefore it does not, in its current form, provide for the resuscitation of chieftainships.
He said he was aware of the planned installation of Mr Madzingo after Minister Moyo recommended the appointment to President Emmerson Mnangagwa.
“Given these developments, I am approaching this court on urgency seeking an interim relief that the second respondent (Mr Madzingo) be interdicted from holding himself as Chief Neromwe until case number HC 2664/17 has been determined.
“Pending final determination of HC2964/17 or this application, whichever will earlier occur, the installation ceremony of the second respondent as substantive Chief Neromwe be and hereby stayed and should not proceeded with,” said Mr Mundau.
In December 2014, an investigative team called a meeting to gather information about the history and views on the Neromwe chieftainship. Mr Mundau said the report by the investigative committee was inaccurate and distorted.
“My interest arises from the fact that the area the Neromwe people seek to have chieftainship over is an area historically under Chief Tshovani. I have only just become aware that a report was prepared in March 2015 and it recommended that the Neromwe chieftainship be resuscitated over wards 17, 26 and 29, which are presently under my jurisdiction and historically under Chief Tshovani,” said Mr Mundau.
He said all the processes that led to the recommendation for the resuscitation of the Neromwe chieftainship were fundamentally flawed.
In terms of Section 283 of the Constitution, the President appoints chiefs on recommendations of the provincial assembly of chiefs through the National Council of Chiefs and the Minister responsible for traditional leaders in accordance with the traditional practices and traditions of communities concerned.
Mr Mundau said the decision to resuscitate the Neromwe chieftainship is a breach of the elementary tenets of fair and natural justice, arguing that his voice was not heard in the matter affecting his interests. —@mashnets
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