I was quoted out of context: Charumbira

NATIONAL Council of Chiefs president Chief Fortune Charumbira, who was recently ordered by the High Court to retract his political statements and to stop meddling in politics, is seeking a rescission of the default judgment.

High Court judge Justice Clement Phiri granted an order sought by the Election Resource Centre (ERC) for traditional leaders to respect a Constitutional provision which bars them from campaigning for political parties.

Chief Charumbira was quoted uttering statements in support of a political party and its presidential candidate.

ERC argued the utterances confirmed that Chief Charumbira and other chiefs had taken a political side.

The organisation took the matter to the Harare High Court challenging the conduct of Chief Charumbira and the National Council of Chiefs.

The judge ordered the setting up of an ethics committee to punish traditional leaders found guilty of such misconduct. He ordered Chief Charumbira to make a public apology.

While the ERC was waiting to hear Chief Charumbira apologising within 30 days of the issuance of the court order, the Chief’s Council boss filed an application to have the default judgement against him rescinded.

Chief Charumbira blamed lawyer Professor Lovemore Madhuku for allegedly sitting on his papers until the lapse of the period in which he should have filed his opposing papers.

He said he got the application document late and the situation was worsened by Prof Madhuku who declined to represent him.

He said Prof Madhuku sat on his papers after promising to find another lawyer to take up the matter.

“The delay resulted in the default judgement being issued against him,” Chief Charumbira said. “I instructed Mr Lovemore Madhuku to take appropriate action to ensure that I would file opposing papers.

“He declined to assist me but indicated that he was going to find another law firm to represent me. I, however, was not advised as to which firm this was going to be. He took away the papers with him and that was the last time I heard from him.

“While I was in South Africa, I then learnt through the media that an order by default had been granted against me.” Chief Charumbira said his prospects of success in the matter, if allowed to file his opposing papers, were high. He said the ERC erred in citing him as a respondent in his personal capacity.

He argued that he spoke on behalf of the National Council of Chiefs and that, if the ERC was serious about suing, it should have cited all chiefs in Zimbabwe not individual.

“It is evident from the statement that the remarks which I am alleged to have made are a statement of the position of chiefs,” Chief Charumbira said.

“I was, therefore, simply enunciating, according to the statement, the position which had been adopted by chiefs. There is therefore no basis at all for me to be sued in my personal capacity.”

Chief Charumbira said argued that the statement was taken out of context.

“In any event, the applicant completely misunderstood the remarks in the statement,” he said. “They were totally taken out of context.”