News / National
Court quashes Chief Nemamwa appointment
15 Jun 2023 at 06:48hrs | Views
THE High Court in Harare has ruled against the controversial appointment of Tranos Manjiva to the Nemamwa chieftainship in Masvingo province.
This followed a protracted court battle mounted last year by Jimmy Matambo, who claims to be the rightful heir to the throne.
Matambo argued that Manjiva assumed the chieftainship following alleged biased recommendations made by Local Government minister July Moyo.
Matambo cited Manjiva, Moyo, President Emmerson Mnangagwa and the Masvingo Provincial Chiefs Assembly as the first to fourth respondents, respectively.
Matambo lost a bid to stop, through an interdict, the official installation of Manjiva as Chief Nemamwa in October last year.
However, Matambo had the last laugh when High Court judge Justice Webster Chinamhora set aside Manjiva's appointment on May 19 this year.
"It is ordered by consent that the appointment of first respondent as substantive Chief Nemamwa be and is hereby set aside.
"The second respondent shall, no later than June 30, 2023, convene a meeting of the Provincial Assembly of Chiefs of the Nemamwa community, which shall consider and report to the second respondent its recommendations on the appointment of Chief Nemamwa," partly read the judgment seen by NewsDay.
"The second respondent shall, within seven days of receiving the recommendations referred to in paragraph 2 hereof, submit the same to the third respondent. Pending the appointment of a substantive Chief Nemamwa, the third respondent shall, in terms of section four of the Traditional Leaders Act [Chapter 29:17], appoint an acting chief Nemamwa within 14 days of receiving the recommendations referred to in paragraph 3 hereof."
In his founding affidavit, Matambo argued that Manjiva was smuggled through the backdoor with the help of Moyo, who disregarded set guidelines.
"It emerged on Friday September 9, 2022, that the first respondent (Manjiva) had been sneaked into the position and has now been recommended by the second respondent (Moyo) to hold the restored position of Chief Nemamwa," Matambo averred.
"This was not disclosed to me or other family members, nor was it disclosed to the two houses that sit on the chieftainship's throne. They were not consulted or advised of the decision by second respondent, leading to the installation.
"The provincial chief's assembly, which in terms of the Constitution of Zimbabwe is mandated to do the selection of a chief, clearly advised through the DDC [district development co-ordinator] Masvingo that it had reversed what the second respondent (Moyo) is proceeding to request the third respondent to endorse, thereby violating section 283 of the Constitution on which they base this appointment."
Matambo, who was represented by Charles Warara, further asserted that Manjiva's appointment broke the long-standing Nemamwa tradition of selecting chiefs.
This followed a protracted court battle mounted last year by Jimmy Matambo, who claims to be the rightful heir to the throne.
Matambo argued that Manjiva assumed the chieftainship following alleged biased recommendations made by Local Government minister July Moyo.
Matambo cited Manjiva, Moyo, President Emmerson Mnangagwa and the Masvingo Provincial Chiefs Assembly as the first to fourth respondents, respectively.
Matambo lost a bid to stop, through an interdict, the official installation of Manjiva as Chief Nemamwa in October last year.
However, Matambo had the last laugh when High Court judge Justice Webster Chinamhora set aside Manjiva's appointment on May 19 this year.
"It is ordered by consent that the appointment of first respondent as substantive Chief Nemamwa be and is hereby set aside.
"The second respondent shall, within seven days of receiving the recommendations referred to in paragraph 2 hereof, submit the same to the third respondent. Pending the appointment of a substantive Chief Nemamwa, the third respondent shall, in terms of section four of the Traditional Leaders Act [Chapter 29:17], appoint an acting chief Nemamwa within 14 days of receiving the recommendations referred to in paragraph 3 hereof."
In his founding affidavit, Matambo argued that Manjiva was smuggled through the backdoor with the help of Moyo, who disregarded set guidelines.
"It emerged on Friday September 9, 2022, that the first respondent (Manjiva) had been sneaked into the position and has now been recommended by the second respondent (Moyo) to hold the restored position of Chief Nemamwa," Matambo averred.
"This was not disclosed to me or other family members, nor was it disclosed to the two houses that sit on the chieftainship's throne. They were not consulted or advised of the decision by second respondent, leading to the installation.
"The provincial chief's assembly, which in terms of the Constitution of Zimbabwe is mandated to do the selection of a chief, clearly advised through the DDC [district development co-ordinator] Masvingo that it had reversed what the second respondent (Moyo) is proceeding to request the third respondent to endorse, thereby violating section 283 of the Constitution on which they base this appointment."
Matambo, who was represented by Charles Warara, further asserted that Manjiva's appointment broke the long-standing Nemamwa tradition of selecting chiefs.
Source - newsday
