Court revives Binga chieftaincy dispute

The High Court has revived a long-running dispute over the Binga chieftaincy after granting a key application that allows a rival claimant to challenge the appointment of Chief Binga.

In a ruling delivered in Bulawayo on May 18, Justice Evangelista Kabasa granted condonation to Peter Mweembe, allowing him to proceed with a review application despite missing earlier court deadlines.

The court also ordered Grey Sikalelu Muleya, the current Chief Binga and the third respondent in the matter, to pay the costs associated with the condonation application.

The decision clears an important procedural obstacle and paves the way for the substantive dispute over the Binga chieftaincy to be heard on its merits.

Mweembe is contesting the process that led to Muleya's appointment as substantive Chief Binga, arguing that the selection process failed to properly follow traditional succession principles and did not adequately consider historical records relating to the Binga royal lineage.

Justice Kabasa condoned Mweembe's failure to comply with time limits contained in an earlier High Court order and granted him five days within which to file his review application.

The case will now move to the next stage, where the court will examine whether the appointment process was lawful and whether it should be reviewed or set aside.

Court documents show that Mweembe, represented by Nqobani Ncube, is seeking the review and reversal of a recommendation made by the Matabeleland North Provincial Assembly of Chiefs during meetings held between March 31 and April 2, 2022.

That recommendation ultimately resulted in Muleya's appointment as substantive Chief Binga.

Muleya is represented by Prince Dubeko Sibanda.

According to the application, Mweembe argues that the recommendation was reached through a flawed process and is asking the court to nullify both the assembly's recommendation and the subsequent appointment.

To support his case, Mweembe has submitted a range of documents, including archival records relating to the Binga chieftaincy, a royal family succession tree, minutes of meetings involving traditional leaders and correspondence from members of the royal family.

At the heart of the dispute is the interpretation of customary succession rules and the question of who is the rightful heir to the Binga chieftaincy.

In a draft order accompanying the review application, Mweembe is seeking an order setting aside both the Provincial Assembly of Chiefs' recommendation and Muleya's appointment.

He is also requesting that the minister responsible for local government and traditional leadership affairs be directed to reconvene the Provincial Assembly of Chiefs to reconsider the succession dispute.

Under the proposed arrangement, the assembly would make fresh recommendations that would then be submitted to the President for final determination in terms of the Traditional Leaders Act.

The case has attracted significant interest in Binga District, where traditional leaders play a vital role in community governance, cultural preservation and local development.

As the matter proceeds, the court is expected to weigh competing interpretations of royal lineage and customary law in determining whether the current appointment process complied with established succession principles.