High Court overturns appointment of Regent Chief Mabhikwa

The Bulawayo High Court has ruled in favour of Mr John Mabhikwa Khumalo in the ongoing Mabhikwa chieftaincy dispute, overturning the appointment of Ms Zanele Khumalo as Regent Chief Mabhikwa.

Justice Mposeni Dube delivered the judgment on Monday, setting aside Zanele's appointment and referring the matter back to the National Chiefs' Council for proper handling. The court emphasised that it has no jurisdiction over the appointment of traditional chiefs or regents, reinforcing that such processes fall under customary and administrative structures rather than judicial determination.

The ruling found that the appointment of Ms Khumalo had been improperly conducted, noting that some chiefs within her clan imposed their decision while sidelining the Mabhikwa-Khumalo family. Justice Dube further highlighted that the President's communication referenced the installation of a regent — not a substantive chief — a distinction central to the dispute.

The conflict stems from the death of youthful Chief Vusumuzi Khumalo in 2022. After his passing, Ms Zanele Khumalo was appointed regent to preside over the chieftainship on behalf of the late chief's son, Wayne Makhosemvelo Khumalo, who was nine years old at the time.

However, 32 members of the Mlonyeni-Khumalo-Mabhikwa family contested the appointment. They were represented by Solomon Mguni of Dube, Mguni & Dube Legal Practitioners and Advocate Kucaca Phulu. The applicants argued that Zanele's elevation was irrational, unreasonable, culturally improper, and executed in violation of the Traditional Leaders Act.

Local Government and Public Works Minister Daniel Garwe, National Council of Chiefs president Chief Mtshane Khumalo, Matabeleland North provincial assembly chair Chief Siansali, Ms Zanele Khumalo, and President Emmerson Mnangagwa were cited as respondents.

The applicants alleged bias and conflict of interest in the manner the succession meetings were conducted, accusing the Chief Nkalakatha-led team of pushing a predetermined outcome.

In his founding affidavit, Mr John Mabhikwa Khumalo argued that the installation effectively resulted in two parallel "acting chiefs," an arrangement he said violated the Constitution and the Traditional Leaders Act, both of which do not recognise the position of "regent chief."

He also referenced a 2009 High Court decision that set out the proper chieftaincy succession procedures for the Mlonyeni Khumalo clan, which he said were ignored.

John contended that key family members were sidelined during the selection process, and that the appointment ceremony was held at a venue imposed by Government representatives rather than a culturally appropriate setting.

He further maintained that the Mabhikwa chieftaincy has never been passed to a woman.

"The Chief Mlonyeni Khumalo family tree unequivocally establishes that chieftaincy has never been passed to a female Regent or Chief. Succession has historically moved among brothers, ensuring adherence to cultural traditions," he said.

John also questioned Zanele's suitability on cultural grounds, noting that she is married into the Ndlovu family.

"The Fourth Respondent, who is my niece, is married as Mrs Ndlovu and not conversant with the traditional ceremonies of the family… Her appointment is against the will and wish of the family and is a clear recipe for disunity," he said, adding that her marriage would create logistical challenges regarding residence and ceremonial obligations.

With the appointment now set aside, the matter returns to the Chief's Council, which must initiate a fresh and lawful selection process in consultation with the appropriate family structures.

The outcome is expected to reopen longstanding debates around customary norms, gender roles in traditional leadership, and the legal ambiguity surrounding "regent chiefs," which are not expressly provided for in Zimbabwean law.

The Mabhikwa chieftaincy dispute, which stretches back more than a decade, is likely to remain a matter of significant local interest as the selection process restarts.