High Court sends headmanship dispute back to chiefs

The High Court has dismissed an application challenging the appointment of Headman Makwarimba in Wedza, ruling that disputes over traditional leadership must be resolved through customary structures rather than judicial intervention.

In a judgment delivered last week, Justice Joel Mambara upheld a preliminary objection raised by appointed Headman Beaven Makwarimba and threw out an application filed by Tichawona Muchinjiko, who had sought to overturn the nomination process and nullify the appointment.

The court found that it had no jurisdiction at this stage to grant the relief being sought, and instead directed that the matter be referred back to traditional leadership structures for resolution in terms of the Constitution.

"The court has no jurisdiction to grant that declaratory relief at this stage," Justice Mambara ruled.

The dispute relates to the Makwarimba headmanship under Chief Svosve in Wedza, where rival claims have emerged over succession, lineage and customary practices governing the appointment of traditional leaders.

Muchinjiko argued that the nomination process violated local customs, excluded certain family houses within the clan, and ignored objections raised during the selection process.

However, Headman Makwarimba maintained that his appointment was conducted in line with applicable customary law and provisions of the Traditional Leaders Act.

Justice Mambara, however, declined to examine the merits of the competing claims, stating that it would be improper for the court to determine questions of custom and eligibility in the first instance.

"It is not necessary and it would be improper for this court to decide the competing claims regarding the customary rotational system, the eligibility of the various houses, the alleged exclusion of the Muchinjiko household, or the propriety of the third respondent's appointment," he said.

The court emphasised that the Constitution provides a specific mechanism for resolving disputes involving traditional leadership.

Under Section 283 of the Constitution, such matters must be handled through traditional institutions, with recommendations made by the Provincial Assembly of Chiefs to the President via the responsible minister, who ultimately makes the final determination.

The ruling reinforces the principle that courts should not ordinarily intervene in disputes over chieftainship and headmanship appointments, which are primarily governed by customary law and traditional dispute resolution processes.

"Traditional leadership disputes are not ordinary civil disputes in which the court should readily decide who is, or is not, the proper occupant of a traditional office," the judge added.

The matter will now proceed through the Mashonaland East Provincial Assembly of Chiefs for further consideration and recommendation.