News / National
"Tsvangirai will not present himself before your court" Chief Negomo told
09 Dec 2011 at 19:37hrs | Views
PRIME Minister Morgan Tsvangirai says he will not attend Saturday's hearing at Chief Negomo's traditional court arguing that the chief does not have jurisdiction to convene a customary court.
His lawyers, Dube, Manikai and Hwacha Legal Practitioners, wrote to the chief yesterday informing him that PM Tsvangirai will not show up.
Chief Negomo, Mr Luscious Chitsinde, on Wednesday summoned PM Tsvangirai to appear before his court in Chiweshe today for paying lobola to the Karimatsenga family in the month of November, which is considered sacred.
"We write to advise you formally that the Right Honourable Morgan Tsvangirai will not present himself before your court," the lawyers said.
"From a legal point R/t Honourable Tsvangirai will not appear before your court because the entire process is manifestly illegal and void ab initio (from the beginning).
"It appears to us that you have not read and or that you do not understand the law, province and your limits as a traditional Chief."
But, Chief Negomo on Friday said the matter will be heard at his traditional court Saturday despite efforts to stop the proceedings.
"The case is proceeding and anyone who wants to comment should do so after the proceedings," he said.
"Whether he attends or not, a judgment will be passed."
PM Tsvangirai's lawyers said traditional chiefs had power to convene local courts only when authorised and empowered to do so by a warrant issued or published by the Minister of Justice in terms of Section 10 of the Customary Law and Local Courts Act.
They said in 1995, Statutory Instrument 107/95 published a list of Chiefs with jurisdictions to convene local Customary Courts in specific areas.
"It appears to us that you are not included in the list of Chiefs who have been entrusted with the responsibility of convening a Customary Court," the lawyers said.
"Indeed, Gweshe Business Centre, in Mazowe is not a designated Court. Your processes are therefore invalid.
"In the event that you are a Chief who is authorised to convene a Court (which we dispute) we must state still that the local/traditional Courts are not meant for you or for any Chief to abuse in the pursuit of their personal or their political endevours. Your summons is defective because it cites you personally as the Plaintiff or Complainant."
The summons, said the lawyers, were defective because they cited Chief Negomo as both the Plaintiff and the Judge.
"Obviously this is irregular. A judge cannot be a Plaintiff in his own Court. A Plaintiff cannot be a Judge in his own case," they said.
"In this instance, you do not even have a case or cause of action against R/t Hon Tsvangirai other than the speculation in Summons."
They added: "Further, if you read the Customary Law and Local Courts Act and Regulations, you will find that you have no jurisdiction over R/t Honourable Tsvangirai at all.
"In terms of Section 4.3 of the Local Courts Rules 1991, the jurisdiction of both a Chief and his messengers of Court is limited persons who 'reside or work' within the Chiefs' area of jurisdiction."
The lawyers said the law did not permit Chief Negomo and his messengers to travel from his area of jurisdiction to serve documents on and or try to assume jurisdiction over persons who do not live or work in his area.
The lawyers further said local Court rules required the Chief and his messengers to serve summons on Defendant personally or on a member of his household adding that Charter House was not PM Tsvangirai's house.
Local Government, Rural and Urban Development Deputy Minister Sesel Zvidzai said Christon Bank, where the lobola was paid, was not under the jurisdiction of any chief.
But the Karimatsenga family comes from Chiweshe.
In his summons, Chief Negomo said he wanted the PM to explain why he paid lobola in November in his area of jurisdiction.
"Huya uzondiudza kuti sei wakaroora mwedzi weMbudzi mudunhu mangu kwaKanyemba mumhuri yekwaKarimatsenga, masabhuku Chipoyera," read part of the summons.
"Wakaita chipini kana kuti mashura mudunhu mangu (makunakuna)."
His lawyers, Dube, Manikai and Hwacha Legal Practitioners, wrote to the chief yesterday informing him that PM Tsvangirai will not show up.
Chief Negomo, Mr Luscious Chitsinde, on Wednesday summoned PM Tsvangirai to appear before his court in Chiweshe today for paying lobola to the Karimatsenga family in the month of November, which is considered sacred.
"We write to advise you formally that the Right Honourable Morgan Tsvangirai will not present himself before your court," the lawyers said.
"From a legal point R/t Honourable Tsvangirai will not appear before your court because the entire process is manifestly illegal and void ab initio (from the beginning).
"It appears to us that you have not read and or that you do not understand the law, province and your limits as a traditional Chief."
But, Chief Negomo on Friday said the matter will be heard at his traditional court Saturday despite efforts to stop the proceedings.
"The case is proceeding and anyone who wants to comment should do so after the proceedings," he said.
"Whether he attends or not, a judgment will be passed."
PM Tsvangirai's lawyers said traditional chiefs had power to convene local courts only when authorised and empowered to do so by a warrant issued or published by the Minister of Justice in terms of Section 10 of the Customary Law and Local Courts Act.
They said in 1995, Statutory Instrument 107/95 published a list of Chiefs with jurisdictions to convene local Customary Courts in specific areas.
"It appears to us that you are not included in the list of Chiefs who have been entrusted with the responsibility of convening a Customary Court," the lawyers said.
"Indeed, Gweshe Business Centre, in Mazowe is not a designated Court. Your processes are therefore invalid.
"In the event that you are a Chief who is authorised to convene a Court (which we dispute) we must state still that the local/traditional Courts are not meant for you or for any Chief to abuse in the pursuit of their personal or their political endevours. Your summons is defective because it cites you personally as the Plaintiff or Complainant."
The summons, said the lawyers, were defective because they cited Chief Negomo as both the Plaintiff and the Judge.
"Obviously this is irregular. A judge cannot be a Plaintiff in his own Court. A Plaintiff cannot be a Judge in his own case," they said.
"In this instance, you do not even have a case or cause of action against R/t Hon Tsvangirai other than the speculation in Summons."
They added: "Further, if you read the Customary Law and Local Courts Act and Regulations, you will find that you have no jurisdiction over R/t Honourable Tsvangirai at all.
"In terms of Section 4.3 of the Local Courts Rules 1991, the jurisdiction of both a Chief and his messengers of Court is limited persons who 'reside or work' within the Chiefs' area of jurisdiction."
The lawyers said the law did not permit Chief Negomo and his messengers to travel from his area of jurisdiction to serve documents on and or try to assume jurisdiction over persons who do not live or work in his area.
The lawyers further said local Court rules required the Chief and his messengers to serve summons on Defendant personally or on a member of his household adding that Charter House was not PM Tsvangirai's house.
Local Government, Rural and Urban Development Deputy Minister Sesel Zvidzai said Christon Bank, where the lobola was paid, was not under the jurisdiction of any chief.
But the Karimatsenga family comes from Chiweshe.
In his summons, Chief Negomo said he wanted the PM to explain why he paid lobola in November in his area of jurisdiction.
"Huya uzondiudza kuti sei wakaroora mwedzi weMbudzi mudunhu mangu kwaKanyemba mumhuri yekwaKarimatsenga, masabhuku Chipoyera," read part of the summons.
"Wakaita chipini kana kuti mashura mudunhu mangu (makunakuna)."
Source - TH
