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King Munhumutapa to Spend Xmas, New Year Behind Bars
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Self-imposed King Munhumutapa Timothy Chiminya, who was arrested on Monday, will spend Christmas and New Year behind bars after being committed to remand prison for a mental health evaluation by two state-appointed doctors.
He is scheduled to return to court on January 7 next year.
Chiminya appeared before Magistrate Sheunesu Matova this Wednesday, facing allegations of undermining the office of the president.
The state alleges that Chiminya has been installing chiefs across the country, which is a violation of the law, as chiefs are already being appointed in accordance with Section 283 of the Constitution and the Traditional Leaders Act.
Chiminya is represented by Advocate Gift Mtisi from Zimbabwe Lawyers for Human Rights.
Prosecutor Mr. Takudzwa Jambawu, in his address to the court, recommended that Chiminya undergo a mental health examination before the trial begins, in line with Section 26 of the Mental Health Act.
He explained that the recommendation was based on input from the vetting officers, as well as the arresting and investigating officers, who expressed reasonable suspicion that Chiminya may be mentally unstable.
Mtisi contested the request for a mental examination, arguing that Chiminya had not displayed any signs of violence or mental illness during the vetting process or in his interactions with the lawyer. He also noted that Chiminya's speech was consistent and coherent. Mtisi requested that the court test Chiminya’s mental state, but Magistrate Matova argued that the court relies on experts to assess an individual’s mental health during the trial.
He stated it was safer to proceed based on assessments done by experts outside the courts than to try do carry out assessment during trial in the absence of qualified personnel.
After losing the bid to prevent the mental health evaluation, Mtisi made a fresh application for the court to release Chiminya into the custody of a relative. He argued that Chiminya could be examined while coming from home, as Section 26 of the Mental Health Act provides for such an option.
He tendered documents supporting Chiminya's mission to educate the nation, including students, on cultural heritage, and noted that various government ministries, including the police, had recommended his activities. He said Chiminya was a respected and peace loving man who was even invited by government on important state functions.
However, the prosecutor challenged Mtisi's application, arguing that Chiminya was facing a serious charge and his case did not meet the criteria for such an option. This was aided by the Investigating officer who argued that Chiminya had displayed some moments of madness during arrest and was likely to continue exercising his powers if released.
The magistrate then committed Chiminya to remand at Harare Central Prison, and court will only start when experts indicate that he is of sound mind and can stand trial.
Chiminya has been touring the country, holding meetings where he reportedly installed chiefs, including one in Chirumanzu. He also has an approved programme to educate students on cultural heritage. He has also documentary evidence showing that he has attended some recommended national rituals.
Chiminya has also summoned Chief Chireya, who is said to have conducted a traditional ceremony in which an elephant was killed. The king argued that killing elephants is a cultural taboo, and the chief’s actions were wrong, thus warranting a trial.
Some chiefs, such as Mambo Seke, have refused to acknowledge Chiminya’s claims, demanding that he bring his family before declaring himself King Munhumutapa.
Chiminya's activities are based on two main premises: first, that he was installed as King Munhumutapa by his clan and endorsed by other chiefs; and second, that a High Court ruling by Justice Munamati Mungati in September 2022 declared him the legitimate King Munhumutapa.
The Local Government ministry has noted his installation but argued that it was merely a clan arrangement, which do not extend to the national regulation of chiefs.
Chiminya asserts that the court’s decision grants him the authority to regulate and oversee all matters concerning chiefs in the country. He believes that the bar extended to the Ministry of Local Government and Public Works ministry hands over the power to him as the King Munhumutapa.
However, the state believes that his actions and claims violate existing laws.
Section 283(a) of the Constitution of Zimbabwe and Section 3 of the Traditional Leaders Act grant the President the authority to appoint, remove, or suspend chiefs based on recommendations from the provincial assembly of chiefs, the National Council of Chiefs, and the responsible Minister, in line with traditional community practices.
This means that the President retains the power to appoint or dethrone chiefs, a process carried out in consultation with the Minister of Local Government and Public Works.
Chiminya has filed a Private Members Bill in Parliament seeking to amend Section 283 of the Constitution, which governs the appointment of chiefs. The Bill is still pending.
Chiminya is set to appear again at the High Court this Friday in a related case where he is battling it out with Local Government ministry and will do that coming from remand prison.
He is scheduled to return to court on January 7 next year.
Chiminya appeared before Magistrate Sheunesu Matova this Wednesday, facing allegations of undermining the office of the president.
The state alleges that Chiminya has been installing chiefs across the country, which is a violation of the law, as chiefs are already being appointed in accordance with Section 283 of the Constitution and the Traditional Leaders Act.
Chiminya is represented by Advocate Gift Mtisi from Zimbabwe Lawyers for Human Rights.
Prosecutor Mr. Takudzwa Jambawu, in his address to the court, recommended that Chiminya undergo a mental health examination before the trial begins, in line with Section 26 of the Mental Health Act.
He explained that the recommendation was based on input from the vetting officers, as well as the arresting and investigating officers, who expressed reasonable suspicion that Chiminya may be mentally unstable.
Mtisi contested the request for a mental examination, arguing that Chiminya had not displayed any signs of violence or mental illness during the vetting process or in his interactions with the lawyer. He also noted that Chiminya's speech was consistent and coherent. Mtisi requested that the court test Chiminya’s mental state, but Magistrate Matova argued that the court relies on experts to assess an individual’s mental health during the trial.
He stated it was safer to proceed based on assessments done by experts outside the courts than to try do carry out assessment during trial in the absence of qualified personnel.
After losing the bid to prevent the mental health evaluation, Mtisi made a fresh application for the court to release Chiminya into the custody of a relative. He argued that Chiminya could be examined while coming from home, as Section 26 of the Mental Health Act provides for such an option.
He tendered documents supporting Chiminya's mission to educate the nation, including students, on cultural heritage, and noted that various government ministries, including the police, had recommended his activities. He said Chiminya was a respected and peace loving man who was even invited by government on important state functions.
However, the prosecutor challenged Mtisi's application, arguing that Chiminya was facing a serious charge and his case did not meet the criteria for such an option. This was aided by the Investigating officer who argued that Chiminya had displayed some moments of madness during arrest and was likely to continue exercising his powers if released.
Chiminya has been touring the country, holding meetings where he reportedly installed chiefs, including one in Chirumanzu. He also has an approved programme to educate students on cultural heritage. He has also documentary evidence showing that he has attended some recommended national rituals.
Chiminya has also summoned Chief Chireya, who is said to have conducted a traditional ceremony in which an elephant was killed. The king argued that killing elephants is a cultural taboo, and the chief’s actions were wrong, thus warranting a trial.
Some chiefs, such as Mambo Seke, have refused to acknowledge Chiminya’s claims, demanding that he bring his family before declaring himself King Munhumutapa.
Chiminya's activities are based on two main premises: first, that he was installed as King Munhumutapa by his clan and endorsed by other chiefs; and second, that a High Court ruling by Justice Munamati Mungati in September 2022 declared him the legitimate King Munhumutapa.
The Local Government ministry has noted his installation but argued that it was merely a clan arrangement, which do not extend to the national regulation of chiefs.
Chiminya asserts that the court’s decision grants him the authority to regulate and oversee all matters concerning chiefs in the country. He believes that the bar extended to the Ministry of Local Government and Public Works ministry hands over the power to him as the King Munhumutapa.
However, the state believes that his actions and claims violate existing laws.
Section 283(a) of the Constitution of Zimbabwe and Section 3 of the Traditional Leaders Act grant the President the authority to appoint, remove, or suspend chiefs based on recommendations from the provincial assembly of chiefs, the National Council of Chiefs, and the responsible Minister, in line with traditional community practices.
This means that the President retains the power to appoint or dethrone chiefs, a process carried out in consultation with the Minister of Local Government and Public Works.
Chiminya has filed a Private Members Bill in Parliament seeking to amend Section 283 of the Constitution, which governs the appointment of chiefs. The Bill is still pending.
Chiminya is set to appear again at the High Court this Friday in a related case where he is battling it out with Local Government ministry and will do that coming from remand prison.
Source - Dickson Bandera
