Fidelis Munyoro
Chief Court Reporter
THE High Court in Masvingo has dismissed an application by Nicholas Vaviri Charamba seeking to have a challenge to his appointment as village head of Ngwangwani in Bikita dismissed, allowing the case to pro-ceed to the defence stage.
Justice Sunsley Zisengwe ruled that Garisikai Ngwangwani had presented sufficient evidence to require Charamba and the other defendants to respond to his claims.
The court also ordered Charamba to pay the costs of the application for absolution from the instance, which sought to end the proceedings before the defence presented its case.
The dispute centres on succession customs governing the leadership of Ngwangwani village under the Charamba clan.
Ngwangwani argues that the village headship rotates among four family houses — Manyoka, Mbanje, Jani and Dzinotyiwa — and that the position fell to his house following the death of the previous village head, Tavapa Charamba, in 2020.
He maintains that clan consultations identified him as the rightful successor, but Charamba secured the appointment while the administrative process was still under way.
Charamba disputes this account, arguing that the village was established by his father about 50 years ago. He also maintains that the dispute was referred to Chief Mazungunye, who ruled in his favour.
After hearing three witnesses called by Ngwangwani, Justice Zisengwe found that the evidence established a prima facie case that required an answer from the defence.
In considering an application for absolution from the instance, a court determines whether the plaintiff has presented evidence upon which a reasonable court could find in their favour if that evidence were accepted.
Citing the established test in Gascoyne v Paul and Hunter, the judge considered whether there was evidence upon which a reasonable person “might, not should” give judgment against the defendant.
“In applying the above test, one can safely conclude, as I do, that the evidence quite easily surpasses what may be regarded a prima facie case,” Justice Zisengwe ruled.
The witnesses were Ngwangwani, acting Charamba headman Phillip Rugeje and 79-year-old village head Aaron Mutamiri.
They supported the claim that Ngwangwani village belonged to the Charamba clan and that its leadership rotated among the four family houses.
Rugeje told the court that he had signed documents supporting Ngwangwani’s nomination but was unaware of any meeting at which Charamba had been selected as village head.
Mutamiri, who served as secretary to the headman from 2002 to 2024, also disputed the existence of a meeting at which Charamba was selected.
The witnesses questioned the court order said to have paved the way for Charamba’s appointment, with evidence indicating that Ngwangwani had not been served with papers relating to the proceedings.
A letter dated March 2, 2025, in which Chief Mazungunye reportedly disowned the order, also featured in the case.
Charamba had argued that the evidence was insufficient to justify continuing the proceedings or setting aside the order underpinning his appointment.
However, Justice Zisengwe said the plaintiff’s witnesses had demonstrated knowledge of the community’s history, hierarchy and traditions and had testified about the consultations that led to Ngwangwani’s nomination.
“The witnesses who testified for the plaintiff are not ‘lightweight’ witnesses; they are witnesses steeped in the history, hierarchy, and traditions of the community in question,” he said.
The ruling does not establish Ngwangwani as the rightful village head or invalidate Charamba’s appointment.
Those issues remain to be determined when the substantive case is heard.
For now, Ngwangwani has secured a procedural victory, with Charamba and the other defendants required to answer the claims against them.
