Minister taken to court over chieftainship row
of fair and natural justice, arguing that his voice was not heard in the matter affecting his interests.
He argued that the Traditional Leaders Act does not provide for the resuscitation and creation of chieftainships.
“My legal practitioners advise me that the Traditional Leaders Act has still not been amended to provide for the resuscitation and creation of chieftainship. The second respondent (Mr Madzingo) was appointed Chief Neromwe in July 2018 following the recommendations by the first respondent (Minister Moyo) to the President, a recommendation the President acceded to. The second respondent was appointed consequent to a resuscitation which the Traditional Leaders Act does not provide for,” he said.
Mr Chirhomo said the area under whose jurisdiction Chief Neromwe falls is a resettlement area, which under the traditional leadership cannot be legally exercised.
“The process by which a resettlement area is emplaced under the traditional leadership is set out in section 29 of the Traditional Leadership Act. The Act provides that after consultation with the rural district council and chief of the area concerned, the Minister may by Gazette declare that any area of resettlement land shall fall under the authority of such chief as he may specify in the notice,” he said.
Mr Chirhomo argued that the disputed area falls under Chief Tshovani. “I did route the Mahike chieftainship claim through Chief Tshovani and there has been contacts with the Ministry since then. The last contact was when we met the Permanent Secretary, George Mlilo in 2015 and our understanding was that the matter was being looked into,” he said.
“I am part of the Mahike clan and we are part of the Tshovani clan because Tshovani had three sons, Mahike, Muteo and Magatse, each to whom he gave chieftainship.”
Mr Chirhomo said the Minister acted in a manner which is discriminatory by according Mr Madzingo an advantage over the Mahike clan who had also applied for the resuscitation of their chieftainship.
He 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.
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. — @mashnets