High Court nullifies Chief Zimunya appointment

THE Mutare High Court has nullified the appointment of Mr Clayton Munyaradzi Zimunya as Chief Zimunya, ruling that the process leading to his installation was unlawful, procedurally flawed and inconsistent with the Constitution and the Traditional Leaders Act.

In a judgment delivered on Wednesday, Justice Isaiah Muzenda set aside Mr Zimunya's appointment after finding that the Minister of Local Government and Public Works, Daniel Garwe, failed to follow the legally prescribed succession procedures when handling the appointment of a substantive chief for the Zimunya chieftainship.

The court held that the minister acted outside the framework provided by the Constitution and the Traditional Leaders Act by appointing a commission to oversee a process that should have been guided by established family customs and traditional succession principles.

The application was brought by Zimunya clan member Kufandada Dzobo, who challenged the legality of the appointment process.

Pending the lawful appointment of a substantive chief, Justice Muzenda ordered that Denis Munyarari continue serving as Acting Chief Zimunya in terms of Section 4 of the Traditional Leaders Act [Chapter 29:17].

The ruling effectively leaves the Zimunya chieftainship vacant, with the Ministry of Local Government and Public Works expected to initiate a fresh succession process in line with the Constitution, the Traditional Leaders Act and recognised customary practices.

In his judgment, Justice Muzenda found that the minister relied on a process that failed to adequately consider the customs and traditions governing succession within the Zimunya clan.

He also noted that recommendations made by both the Manicaland Provincial Assembly of Chiefs and the National Council of Chiefs were not properly considered before the minister recommended the appointment to the President.

"The Constitution and the Traditional Leaders Act do not provide for a commission to process the nomination of a chief. The individuals constituting that commission were not conversant with the established customs and traditions of the Zimunya people.

"A commission is not prescribed as a form of the selection process. Its use contravened both the Constitution and the Traditional Leaders Act," Justice Muzenda ruled.

The judge further held that customary succession principles must remain the foundation of traditional leadership appointments and that external research could not replace established community traditions.

"It is clear that there was no due consideration of established and accepted customary principles of succession before the minister made his recommendation to the President. Research is alien to the succession process of the Zimunya Clan," he said.

Justice Muzenda also referred to a meeting of the Manicaland Provincial Assembly of Chiefs held in Mutare on November 14, 2025, where traditional leaders unanimously concluded that Mr Zimunya had not been properly appointed because the process relied on research commissioned by the ministry rather than established succession customs.

He said that finding fundamentally undermined the legitimacy of the appointment process.

The judge stressed that the selection of traditional leaders is primarily the responsibility of the concerned family and community, acting in accordance with recognised customs and traditions before forwarding a nominee for government consideration.

While the President has the constitutional authority to appoint chiefs, Justice Muzenda said the recommendation leading to that appointment must itself comply with the law and customary succession procedures.

Responding to the judgment, Mr Zimunya said he would appeal the ruling.

"I am not in agreement with the court's findings, and I will be appealing against the judgment. The appointment of chiefs is done by the President, not the courts," he said.

He also disputed the court's finding that the Manicaland Provincial Assembly of Chiefs opposed his appointment.

"The court said the Provincial Chiefs Assembly was against my appointment, yet there are minutes showing that the assembly supported me. Those records exist and will form part of my appeal," he said.

The ruling marks the latest development in the long-running dispute over succession to the Zimunya chieftainship, a matter that has generated significant interest within traditional leadership structures in Manicaland Province.