News / Regional
UK based aspiring chief takes uncles, minister to court
27 Jan 2016 at 05:39hrs | Views
A UNITED Kingdom-based aspiring chief has taken his two uncles and the Minister of Rural Development, Promotion and Preservation of National Culture and Heritage, Abednico Ncube to court following a protracted wrangle over the Lukuluba chieftainship in Silobela.
Joseph Sayi, who is the applicant, has filed an urgent chamber application at the Bulawayo High Court citing his two uncles, Lawrence Builder and Moses Sayi, Minister Ncube, Gweru district administrator, Langton Mupeta and President Robert Mugabe as the respondents.
Joseph, in his founding affidavit, is seeking an order interdicting Lawrence Builder from presenting his name for appointment as Chief Lukuluba of the Hogo clan to President Mugabe.
Joseph, who is based in the UK, through his lawyers, Masiye-Moyo and Associates, argues that he is the rightful heir to the throne.
"I aver that after the death of my great grandfather, Mkhuhlane, his eldest son, Ntemba who is my grandfather was the next in line. However, since Ntemba was employed at the then Gweru District Commissioner's office, his uncle Shumba served as regent awaiting the availability of Ntemba," said Joseph.
He said during that period the Hogo/Lukuluba community was relocated from Hogo near Gweru to Silobela by the Rhodesian government.
"When the chieftainship was to revert to Ntemba, the colonial authorities dismantled the Lukuluba chieftainship and reduced it to that of a headman and my father, Mpiyabo subsequently took over the reins following the death of my grandfather," said Joseph.
The Lukuluba chieftainship was later restored in line with tradition following a petition to the government.
"My father is now late and as the first born son whose mother is the senior wife I automatically qualify to take over the chieftainship. During his lifetime my father played a leading role in petitioning the government of Zimbabwe to restore the Lukuluba chieftainship, but unfortunately he died before the issue was resolved," said Joseph.
He accuses his two uncles of secretly convening a meeting during which Lawrence Builder's name was submitted to the Gweru DA and Minister Ncube's office for appointment as Chief Lukuluba to President Mugabe.
"Sometime in December last year I received a phone call from one of my grandfathers while I was in the UK and he advised me that a delegation from the Ministry of Rural Development, requested my clan to submit a name for appointment to the position of Chief Lukuluba. However, when I arrived in Zimbabwe on December 27, I learnt that a meeting was held during which Lawrence Builder's name was submitted for appointment as chief," said Joseph.
He argued that in terms of their customs and traditions, by virtue of being the eldest son of his father's senior wife, he automatically qualified to take over the chieftainship. Joseph said his uncle has no basis to claim the Lukuluba chieftainship.
Joseph said he has since written a letter to President Mugabe to intervene in the wrangle.
"While I await the intervention of the President of the Republic of Zimbabwe, I've reasonable apprehension that the first and second respondents (Lawrence Builder and Moses) will forward the name of first respondent as being duly nominated Chief Lukuluba thus misleading the fourth respondent (Minister Ncube) who may then forward the name to President Mugabe. Clearly my two uncles have conducted themselves in an unacceptable and perverse way," said Joseph.
Justice Nicholas Mathonsi ruled that Lawrence Builder and Moses' actions were unlawful and interdicted them from submitting the first respondent's name.
The judge also interdicted Minister Ncube from submitting Moses' name to President Mugabe for appointment as Chief Lukuluba.
"Pending the resolution of the dispute concerning the appointment of Chief Lukuluba of the Hogo clan by the third respondent (President Mugabe) in terms of section 283 (3) of the constitution of Zimbabwe, fourth respondent be and is hereby ordered not to accept and or forward the name of the first respondent for purposes of appointment as Chief Lukuluba," ruled Justice Mathonsi.
The judge ordered Lawrence Builder and Moses to foot the legal expenses incurred by the applicant in the lawsuit.
Joseph Sayi, who is the applicant, has filed an urgent chamber application at the Bulawayo High Court citing his two uncles, Lawrence Builder and Moses Sayi, Minister Ncube, Gweru district administrator, Langton Mupeta and President Robert Mugabe as the respondents.
Joseph, in his founding affidavit, is seeking an order interdicting Lawrence Builder from presenting his name for appointment as Chief Lukuluba of the Hogo clan to President Mugabe.
Joseph, who is based in the UK, through his lawyers, Masiye-Moyo and Associates, argues that he is the rightful heir to the throne.
"I aver that after the death of my great grandfather, Mkhuhlane, his eldest son, Ntemba who is my grandfather was the next in line. However, since Ntemba was employed at the then Gweru District Commissioner's office, his uncle Shumba served as regent awaiting the availability of Ntemba," said Joseph.
He said during that period the Hogo/Lukuluba community was relocated from Hogo near Gweru to Silobela by the Rhodesian government.
"When the chieftainship was to revert to Ntemba, the colonial authorities dismantled the Lukuluba chieftainship and reduced it to that of a headman and my father, Mpiyabo subsequently took over the reins following the death of my grandfather," said Joseph.
The Lukuluba chieftainship was later restored in line with tradition following a petition to the government.
"My father is now late and as the first born son whose mother is the senior wife I automatically qualify to take over the chieftainship. During his lifetime my father played a leading role in petitioning the government of Zimbabwe to restore the Lukuluba chieftainship, but unfortunately he died before the issue was resolved," said Joseph.
He accuses his two uncles of secretly convening a meeting during which Lawrence Builder's name was submitted to the Gweru DA and Minister Ncube's office for appointment as Chief Lukuluba to President Mugabe.
"Sometime in December last year I received a phone call from one of my grandfathers while I was in the UK and he advised me that a delegation from the Ministry of Rural Development, requested my clan to submit a name for appointment to the position of Chief Lukuluba. However, when I arrived in Zimbabwe on December 27, I learnt that a meeting was held during which Lawrence Builder's name was submitted for appointment as chief," said Joseph.
He argued that in terms of their customs and traditions, by virtue of being the eldest son of his father's senior wife, he automatically qualified to take over the chieftainship. Joseph said his uncle has no basis to claim the Lukuluba chieftainship.
Joseph said he has since written a letter to President Mugabe to intervene in the wrangle.
"While I await the intervention of the President of the Republic of Zimbabwe, I've reasonable apprehension that the first and second respondents (Lawrence Builder and Moses) will forward the name of first respondent as being duly nominated Chief Lukuluba thus misleading the fourth respondent (Minister Ncube) who may then forward the name to President Mugabe. Clearly my two uncles have conducted themselves in an unacceptable and perverse way," said Joseph.
Justice Nicholas Mathonsi ruled that Lawrence Builder and Moses' actions were unlawful and interdicted them from submitting the first respondent's name.
The judge also interdicted Minister Ncube from submitting Moses' name to President Mugabe for appointment as Chief Lukuluba.
"Pending the resolution of the dispute concerning the appointment of Chief Lukuluba of the Hogo clan by the third respondent (President Mugabe) in terms of section 283 (3) of the constitution of Zimbabwe, fourth respondent be and is hereby ordered not to accept and or forward the name of the first respondent for purposes of appointment as Chief Lukuluba," ruled Justice Mathonsi.
The judge ordered Lawrence Builder and Moses to foot the legal expenses incurred by the applicant in the lawsuit.
Source - chronicle
