Chief Mphini takes land case to ConCourt

Traditional leaders facing allegations of illegally allocating residential and agricultural land in Bulilima district have indicated they will approach the Constitutional Court, arguing that their prosecution is unconstitutional and undermines their statutory authority over communal land.

The accused include Chief Mphini, born Jabulani Ndiweni, alongside village heads Howard Nkomo and Madoja Mafa, who are facing charges of criminal abuse of duty as public officers. The case stems from alleged unauthorised allocation of residential and agricultural stands in Bulilima without approval from the Bulilima Rural District Council.

Prosecutors allege the trio violated provisions of Statutory Instrument 61 of 2013, amid claims that they allocated land outside formal procedures and in breach of land governance regulations.

The traditional leaders, however, argue that their prosecution conflicts with constitutional provisions governing traditional leadership. They rely on Section 282 of the Constitution, which outlines the role of chiefs, headmen and village heads in administering communal land, managing natural resources and resolving disputes in accordance with customary law, subject to national legislation.

Their lawyer, Prince Butshe Dube, told the Plumtree Magistrate Court that they intend to file an application for leave to appeal to the Constitutional Court, arguing that the lower courts cannot determine constitutional validity of the charges.

The matter is linked to investigations by the Zimbabwe Anti-Corruption Commission, which arrested the accused over allegations of criminal abuse of duty between 2020 and 2025.

ZACC alleges that Chief Mphini alone allocated stands ranging from 750 to 7,500 square metres to at least 29 beneficiaries without council approval, with payments reportedly ranging between US$2,000 and US$2,500 per stand. Investigators say only a small number of beneficiaries admitted paying, with no receipts produced.

Further allegations include collusion between the chief and village heads in allocating additional stands, with investigators recovering occupancy certificates and identifying duplication of beneficiaries, in some cases listing spouses separately for single stands.

Notices issued by the Bulilima RDC ordering beneficiaries to halt development on disputed land were also recovered during investigations.

The case is expected to return to court for procedural steps as the accused prepare their constitutional challenge, setting up a legal battle that could clarify the extent of traditional leaders' authority over communal land administration in Zimbabwe.