High Court upholds appointment of Chief Mugabe

The High Court has dismissed a legal challenge to the appointment of Matubede Mudavanhu as Chief Mugabe of Masvingo Province, bringing an end to a protracted dispute over the traditional leadership.

Justice Sunsley Zisengwe ruled in favour of the President's appointment, noting the longstanding stalemate among the clan's royal houses and traditional authorities. The judgment highlighted that the invocation of statutory provisions was necessary to resolve the deadlock that had lasted more than a decade.

"Such a provision is a necessary tie-breaker; a necessary tool to break any possible impasse," Justice Zisengwe said, referring to the pending legislative reforms aligning the Traditional Leaders Act with the Constitution.

The applicant, Emmanuel Dumbu, who contested the appointment on grounds of unconstitutionality, irregularity, and violation of the Mugabe clan customs, was ordered to pay costs.

Dumbu claimed his lineage - the Dumbu house - was the rightful heir to the chieftainship, based on a rotational succession system among five royal houses. He argued that Mudavanhu's appointment disregarded this system and constitutional provisions under Section 283, which governs traditional leader appointments.

The dispute arose after the death of former Chief Mute Mudavanhu in 2009. Matubede Mudavanhu, the late chief's son, served as acting chief for 14 years before his formal appointment. Dumbu contended this violated the rotational system, which he asserted designated his house as next in line.

Central to the case were two conflicting nomination meetings. Dumbu cited a meeting held in October 2022 that allegedly nominated him as chief, attended by representatives of all royal houses and overseen by the Provincial Assembly of Chiefs. Conversely, Mudavanhu and the Ministry of Local Government pointed to a prior, properly constituted meeting in October 2017, which had nominated Mudavanhu.

Justice Zisengwe observed that the lack of consensus among royal houses, the Provincial Assembly of Chiefs, and the National Council of Chiefs had rendered the customary nomination process ineffective.

"The Provincial Assembly of Chiefs and the National Council of Chiefs let everyone down by failing to come up with a nominated candidate for a period of eleven years," the judge remarked.

Given the impasse, the court upheld the Minister of Local Government's invocation of Section 3(2)(b) of the Traditional Leaders Act, which allows the Minister to nominate a candidate for presidential appointment if the community fails to do so within two years.

Dumbu's reliance on an Attorney General's letter suggesting Mudavanhu's appointment was unconstitutional was dismissed as contradictory to legal precedent and of questionable timing and authenticity.

The court affirmed that Mudavanhu's appointment aligned with the customs of the Mugabe clan. His nomination in 2017, backing by a significant segment of the clan, and long tenure as acting chief supported his suitability.

"His appointment cannot be said to be inimical to the customs, traditions, and culture of the community in question," Justice Zisengwe ruled.

The judgment criticised Dumbu's call for strict adherence to customary practices despite the failed nomination processes, warning it would lead to fruitless repetition.

The ruling effectively ends the decade-long leadership dispute and signals the need for legislative reforms to prevent similar deadlocks in traditional leadership appointments.