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Chombo sued over headmanship

by Daniel Nemukuyu
10 Feb 2014 at 17:08hrs | Views
A Gutu man has taken Local Government, Public Works and National Housing Minister Ignatius Chombo to court accusing his office of illegally snatching the Mataruse headmaship title from him last month.

The Herald reports that Mr Mudzingwa Stewart Shumbanhete argued that he had been substantive headman for six years, but the ministry on January 20 appointed Mr Thomas Mataruse as the new headman.

Through his lawyer Mr Raymond Nembo of Sawyer and Mkushi, Mr Shumbanhete filed an urgent chamber application at the High Court seeking to nullify the latest appointment.

Mr Shumbanhete argued that the appointment of Mr Mataruse was illegal as the Government failed to follow the laid down procedure under the Traditional Leaders' Act to remove him from office first.

He cited Minister Chombo, in his official capacity, as the first respondent.

Chief Gutu, Gutu district administrator, Masvingo provincial administrator and Mr Mataruse were also cited as respondents.

Mr Shumbanhete wants the High Court to suspend the appointment of Mr Mataruse as new headman pending determination of his main challenge under High Court Number 8808/11, which will declare the legitimate headman.

The urgent chamber is yet to be set down for hearing.

In his founding affidavit, Mr Shumbanhete stated that he was appointed substantive Headman Mataruse by the minister on June 29 2009.

He said he was entitled to allowances, but a year later, his allowances were scrapped for no explanation.

Mr Shumbanhete said he inquired from the district and provincial administrators, who promised to look into the matter.

While he was still waiting for Government to address the allowances' issue, Mr Shumbanhete said he learnt that the ministry intended to install Mr Mataruse as the new substantive headman on March 6 2013.

On January 17, Mr Shumbanhete instructed his lawyers to write to the minister demanding payment of the outstanding allowances that had been arbitrarily suspended.

Three days later, the minister then confirmed Mr Mataruse as the new headman with effect from January 14 this year.

Mr Shumbanhete claims he was only informed of the development through a later dated January 28.

He argued that Section 10 of the Traditional Leaders Act compels Government to first formally remove the reigning headman before appointing a new one.

The respondents are yet to file their papers in defence before the matter is set down for hearing.

Source - herald