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Ndebele King coronation: Lawyer speaks out
07 Mar 2018 at 11:00hrs | Views
LAWYER Dumisani Dube, who represents the South Africa-based self-imposed Ndebele King Bulelani Lobengula Khumalo in his bid to overturn a government ban on the king's coronation, has stood his ground in support of his client.
High Court judge Justice Martin Makonese last week dismissed the urgent application by Dube on behalf of Khumalo, ruling that it was illegal to install a king under the Zimbabwe Constitution.
The Crown Council had recently planned to coronate Khumalo as new Ndebele king, a move that forced Local Government minister July Moyo to approach the courts which barred the intended coronation.
Dube of Mathonsi Ncube Law Chambers yesterday felt that the courts missed the point as its findings were "improper."
"In a constitutional democracy, each arm of government must observe the principle of separate of powers.
"It is the Judiciary that has the jurisdiction to pronounce on the constitutionality of any law or conduct," Dube said.
"Further, that which is not expressly prohibited is allowed in terms of law.
"Therefore, in my view, the court's finding was improper because there is nowhere in our statutes that is Traditional Leaders Act and the Constitution of Zimbabwe which prohibits the installation of a king by the chiefs who are empowered by both the Traditional Leaders Act to revive customs, culture and heritage of Ndebele people, a position supported by the Constitution on the role and duties of chiefs in sections 281 and 282," he said.
"More so, sections 63 on the rights to culture is clear and as such there is nothing unconstitutional by the act of coronating a king by the chiefs who are the custodians of our traditional practices, customs, heritage and culture," he said.
Dube said the decision of both minister Moyo and the court is a violation of the constitutional rights of the Ndebele people.
"In essence the decision of both the minister and court is a violation of the constitutional rights of the Ndebele people as provided for by the Constitution. Ndebele people last had Inxwala in 1893."
Dube, however, said they will soon appeal against the decision to the Supreme Court; a move he says was automatically going to suspend the ban on the coronation pending the finalisation of the court processes.
High Court judge Justice Martin Makonese last week dismissed the urgent application by Dube on behalf of Khumalo, ruling that it was illegal to install a king under the Zimbabwe Constitution.
The Crown Council had recently planned to coronate Khumalo as new Ndebele king, a move that forced Local Government minister July Moyo to approach the courts which barred the intended coronation.
Dube of Mathonsi Ncube Law Chambers yesterday felt that the courts missed the point as its findings were "improper."
"In a constitutional democracy, each arm of government must observe the principle of separate of powers.
"It is the Judiciary that has the jurisdiction to pronounce on the constitutionality of any law or conduct," Dube said.
"Further, that which is not expressly prohibited is allowed in terms of law.
"Therefore, in my view, the court's finding was improper because there is nowhere in our statutes that is Traditional Leaders Act and the Constitution of Zimbabwe which prohibits the installation of a king by the chiefs who are empowered by both the Traditional Leaders Act to revive customs, culture and heritage of Ndebele people, a position supported by the Constitution on the role and duties of chiefs in sections 281 and 282," he said.
"More so, sections 63 on the rights to culture is clear and as such there is nothing unconstitutional by the act of coronating a king by the chiefs who are the custodians of our traditional practices, customs, heritage and culture," he said.
Dube said the decision of both minister Moyo and the court is a violation of the constitutional rights of the Ndebele people.
"In essence the decision of both the minister and court is a violation of the constitutional rights of the Ndebele people as provided for by the Constitution. Ndebele people last had Inxwala in 1893."
Dube, however, said they will soon appeal against the decision to the Supreme Court; a move he says was automatically going to suspend the ban on the coronation pending the finalisation of the court processes.
Source - dailynews
