Mugabe wades into the Marange chieftainship wrangle

President Robert Mugabe says powers to appoint traditional leaders are not subject to review by any court as it is a constitutional prerogative vested on his office.

Mugabe told High Court judge, Justice David Mangota through papers filed by the Office of the Attorney-General defending the appointment of Chief Marange – Bernard Murwira-Marange who is being challenged by Zvidzayi Dzoma-Marange, who is the applicant in the matter.

The first respondent is Murwira-Marange while Rural Development, Promotion and Preservation of National Culture and Heritage minister Abednico Ncube is the second respondent and Mugabe in his official capacity is the third respondent in the matter.

Mugabe said the court cannot be used to take away powers given to his office by the Constitution which he exercises after consulting with minister Ncube.

"It is the Constitution which in no certain terms state that it must be the President who resolves disputes concerning appointments, suspension and removal of traditional leaders," the papers read.

"It is submitted with respect that the Constitution has imposed an obligation on the President to resolve disputes concerning chiefs and that obligation must be performed in accordance with the Constitution."

Murwira-Marange, through his lawyer, Tatenda-PFigu of T-PFigu Legal Practitioners stated that those against his appointment as Chief Marange should approach Mugabe and raise their grievances and not drag the matter to the courts.

"This court – High Court – must not be seen or taken to be acting in competition with the administrative tribunal prescribed by an act to determine a matter," part of Murwira's court papers read.

"Section 283 of the Constitution provides for the appointment and removal of traditional leaders and it prescribes the following – the appointment, removal and suspension of chiefs must be done by the President on the recommendation of the provincial assembly of chiefs through the national Chief's Council and the minister responsible for traditional leaders."

Dzoma-Marange, however, felt that the government robbed him of his chieftainship and took the fight to court challenging the move.

The Marange chieftainship wrangle followed the death of Noah Marange in 2005 and Dzoma-Marange alleged he was nominated heir to the throne according to African and Marange family tradition.

But Mugabe, Ncube and Murwira-Marange stated in their separate court papers that the appointment of the incumbent was done after wide consultation within the family and relevant stakeholders.

"This court cannot, therefore, hear the matter in preference to the President which is specifically mandated to hear disputes regarding chieftainships and succession," the court papers stated.

Before the appointment of Murwira-Marange, Dzoma-Marange had legal battles with the late acting chief, Gilbert Marange whom he accused of having been appointed irregularly and outside the norms and customs of the Marange tradition.

Dzoma-Marange was represented by Charles Warara of Warara and Associates.