Chronicle (Zimbabwe)

Minister taken to court over chieftains­hip row

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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

 ??  ?? Minister July Moyo
Minister July Moyo
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