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Shana clan fights proposed Ngonzi chieftainship
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THE Shana clan in Hwange District has petitioned Local Government and Public Works Minister Daniel Garwe, demanding the immediate suspension of plans to establish the proposed Ngonzi chieftainship, arguing that the move threatens to dismantle the historic Shana traditional jurisdiction.
In a letter dated May 26, lawyers representing Mr Mathias Chengetwa Ncube, a son of the late Chief Shana, accused authorities of attempting to remove four of the six wards traditionally administered under the Shana chieftainship and place them under the proposed Ngonzi jurisdiction.
The late Chief Shana, born Zondani Jonah Neluswi, died on May 12, 2024, after serving as chief since 1984. His family says the chieftainship has existed for more than a century and has historically governed communities in the Matetsi and Jambezi areas of Hwange District.
The correspondence, authored by Ndlovu–Mehluli and Partners, argues that the proposed restructuring would effectively strip the Shana chieftainship of its territorial authority and undermine long-established customary arrangements.
"Our client and the Shana Clan are aggrieved by the intended removal and reassignment of four wards out of the existing six wards under the Chief Shana chieftainship. Such action, if implemented, will effectively dismantle the Shana Chieftainship and leave it without meaningful territorial jurisdiction or traditional authority," reads part of the letter.
The lawyers contend that the proposed changes are inconsistent with recommendations made by the Rev Damasane Committee, which they claim suggested that the intended Ngonzi chieftainship should be allocated only two wards rather than four.
They further allege that affected communities, particularly the predominantly Nambya-speaking wards earmarked for reassignment, were not adequately consulted during the process.
"The proposed allocation of four wards is unreasonable, irrational, unfair and contrary to established customary arrangements and historical realities on the ground," the lawyers wrote.
"To our client's knowledge, the affected wards and communities were not consulted and will be negatively affected."
The family has also warned that the proposed restructuring risks fuelling tensions and instability within the district.
"The intended process threatens to create unnecessary conflict, instability and disputes within the affected communities. This is against the spirit and letter of the Constitution of Zimbabwe and the Traditional Leaders Act," reads the letter.
The lawyers noted that the matter is further complicated by another unresolved traditional leadership dispute involving the proposed Nemananga chieftainship.
According to the letter, a meeting that had been scheduled to facilitate the selection or recognition of a substantive Chief Ngonzi should not proceed until all outstanding disputes relating to traditional leadership in the area have been resolved.
The family has called on Government to halt all processes linked to the installation of Chief Ngonzi and to facilitate what it describes as a lawful, transparent and consultative resolution process.
The lawyers warned that failure by the Ministry of Local Government and Public Works to intervene could result in urgent legal action.
"Should the relevant authorities fail, neglect or refuse to intervene and resolve this matter amicably and lawfully, our client shall proceed with urgent legal proceedings before the High Court of Zimbabwe for appropriate declaratory and interdictory relief without further notice," reads the letter.
The latest dispute follows a legal battle last year in which the ministry opposed a High Court application challenging the legitimacy of the Shana chieftaincy by members of the Nemananga clan.
The court challenge was linked to the succession process following the death of Chief Shana III in May 2024 at the age of 83.
Mr Elias Nyoni, represented by Dube, Mguni and Dube Legal Practitioners, sought a court order compelling the chairperson of the Matabeleland North Provincial Assembly of Chiefs to convene a meeting within six months to resolve the dispute between the Nemananga and Neluswi Shana clans over the appointment of a substantive successor.
However, in an opposing affidavit, Minister Garwe argued that Chief Nemananga was not recognised as a chief in 1948 and maintained that efforts to revive the chieftaincy lacked historical and legal foundation.
The Shana chieftaincy currently oversees parts of Matetsi and Jambezi in Hwange District, and the outcome of the latest dispute is likely to have significant implications for traditional leadership structures in the area.
In a letter dated May 26, lawyers representing Mr Mathias Chengetwa Ncube, a son of the late Chief Shana, accused authorities of attempting to remove four of the six wards traditionally administered under the Shana chieftainship and place them under the proposed Ngonzi jurisdiction.
The late Chief Shana, born Zondani Jonah Neluswi, died on May 12, 2024, after serving as chief since 1984. His family says the chieftainship has existed for more than a century and has historically governed communities in the Matetsi and Jambezi areas of Hwange District.
The correspondence, authored by Ndlovu–Mehluli and Partners, argues that the proposed restructuring would effectively strip the Shana chieftainship of its territorial authority and undermine long-established customary arrangements.
"Our client and the Shana Clan are aggrieved by the intended removal and reassignment of four wards out of the existing six wards under the Chief Shana chieftainship. Such action, if implemented, will effectively dismantle the Shana Chieftainship and leave it without meaningful territorial jurisdiction or traditional authority," reads part of the letter.
The lawyers contend that the proposed changes are inconsistent with recommendations made by the Rev Damasane Committee, which they claim suggested that the intended Ngonzi chieftainship should be allocated only two wards rather than four.
They further allege that affected communities, particularly the predominantly Nambya-speaking wards earmarked for reassignment, were not adequately consulted during the process.
"The proposed allocation of four wards is unreasonable, irrational, unfair and contrary to established customary arrangements and historical realities on the ground," the lawyers wrote.
"To our client's knowledge, the affected wards and communities were not consulted and will be negatively affected."
The family has also warned that the proposed restructuring risks fuelling tensions and instability within the district.
"The intended process threatens to create unnecessary conflict, instability and disputes within the affected communities. This is against the spirit and letter of the Constitution of Zimbabwe and the Traditional Leaders Act," reads the letter.
The lawyers noted that the matter is further complicated by another unresolved traditional leadership dispute involving the proposed Nemananga chieftainship.
According to the letter, a meeting that had been scheduled to facilitate the selection or recognition of a substantive Chief Ngonzi should not proceed until all outstanding disputes relating to traditional leadership in the area have been resolved.
The family has called on Government to halt all processes linked to the installation of Chief Ngonzi and to facilitate what it describes as a lawful, transparent and consultative resolution process.
The lawyers warned that failure by the Ministry of Local Government and Public Works to intervene could result in urgent legal action.
"Should the relevant authorities fail, neglect or refuse to intervene and resolve this matter amicably and lawfully, our client shall proceed with urgent legal proceedings before the High Court of Zimbabwe for appropriate declaratory and interdictory relief without further notice," reads the letter.
The latest dispute follows a legal battle last year in which the ministry opposed a High Court application challenging the legitimacy of the Shana chieftaincy by members of the Nemananga clan.
The court challenge was linked to the succession process following the death of Chief Shana III in May 2024 at the age of 83.
Mr Elias Nyoni, represented by Dube, Mguni and Dube Legal Practitioners, sought a court order compelling the chairperson of the Matabeleland North Provincial Assembly of Chiefs to convene a meeting within six months to resolve the dispute between the Nemananga and Neluswi Shana clans over the appointment of a substantive successor.
However, in an opposing affidavit, Minister Garwe argued that Chief Nemananga was not recognised as a chief in 1948 and maintained that efforts to revive the chieftaincy lacked historical and legal foundation.
The Shana chieftaincy currently oversees parts of Matetsi and Jambezi in Hwange District, and the outcome of the latest dispute is likely to have significant implications for traditional leadership structures in the area.
Source - The Chronicle
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