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Nhlanhla is not the rightful heir to the Ndiweni throne, but his brother Joram is

by Njabulo
24 Feb 2020 at 06:19hrs | Views
This matter is straight forward, the heir to the throne or to inherit the chieftainship must be the firstborn son.

That has been like that from time immemorial. Even in all jurisdictions that still pursue the chieftainship or monarch system, they still follow the same procedure.

The monarchy system in the UK, which now operates parallel with the modern system of government, still pursues the same procedure.

As it is, Prince Charles who is the eldest son will assume that position when the queen retires or relinquishes that position. Then his successor will be Prince William who happens to be his eldest son. Surely it cannot be Prince Harry.

Why? Because that would be not procedural. In the same vein, the same procedure must apply to the Ndiweni Clan. That there is politics involved, is immaterial in as far as the truth of this matter is concerned. The process of nullifying the appointment in question is right. Thus because the right heir to the throne is still alive although not domiciled in Zimbabwe.

The fact that he raised the concern with the court, it means he is willing to take his rightful place. If anyone impedes him, that will be a violation of his rights. That will be a violation of his Constitutional and traditional rights. Apart from the traditional norms, his brother derives his right to assume or succeed his father, from our Constitution.

The Constitution is the rule of law or the law that governs our country. Therefore the finding of the chiefs in favour of his brother, was/is based on our traditional norms and also on what is enshrined in our Constitution. The removed chief can blame politics, but to be fair, he is not the right person for the throne. Common sense has to prevail here.

Every reasonable person that knows our system of appointing chiefs knows that the removed chief is not the rightful heir.Unless if he claims that the claimant is not the biological son of his father. And that is a matter that can be determined by the Ndiweni clan.

That means if that is proven to be true, with the evidence adduced, then the government can reverse its decision and reinstate him. If not, no endorsement or reinstatement can be done. Further, if the claimant to the throne dies, his biological son will takeover but not the removed chief. Here there is no unfairness at all.

The President has the prerogative to remove any chief if there was some misrepresentation or if a normal procedure was not followed. He derives that authority from our Constitution. So, there is no violation of any Constitutional rights by the government, Council of Chiefs or any parties involved here. Let's just keep politics out of this straight forward issue.

The fact that his elder brother does not identify to MDC-T, to which the removed chief is a member, does not mean he has no right to take his rightful place as our tradition demands.

Let's be fair. These are my views without any bias or prejudice.

Njabulo.libertyatliberty at gmail dot com.

Source - Njabulo
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