Khumalo family challenges appointment of regent Chief Mabhikwa in Court

Some members of the Khumalo family have approached the High Court of Zimbabwe to challenge the appointment of Zanele Khumalo as Regent Chief Mabhikwa. The dispute follows her introduction ceremony last Friday at the Chief Mabhikwa homestead in Jotsholo, where she was designated to act as regent for Wayne Makhosemvelo Khumalo, the nine-year-old son of the late Chief Vusumuzi Khumalo, until he comes of age at 18.

Chief Vusumuzi Khumalo passed away in 2022 following a road accident along the Bulawayo-Victoria Falls highway. His succession has since become a contentious issue, with 32 family members, including John Khumalo - who had assumed leadership after Vusumuzi's death - filing a legal challenge against Zanele's appointment.

Court documents indicate that the application names several respondents, including the Minister of Local Government and Public Works, the President of the National Council of Chiefs, the Chairperson of the Matabeleland North Provincial Assembly of Chiefs, President Emmerson Mnangagwa, and Zanele Khumalo. The family argues that Zanele’s selection was "unprocedural" and that John Khumalo was unfairly removed from his role.

They allege that the process was biased and failed to adhere to the traditions of the Mlonyeni-Khumalo-Mabhikwa clan. In their court submission, they cite "illegality, irrationality, and procedural impropriety" in the selection process, further claiming that the Chief Nkalakatha-led delegation had conflicts of interest and overlooked crucial considerations.

"The decisions of the first, second, third, and fifth respondents are reviewable at law on the grounds of illegality, irrationality, and procedural impropriety," the application states. "There was bias and a conflict of interest by the Chief Nkalakatha-led delegation."

Additionally, the applicants argue that the process was conducted in bad faith, relied on incorrect information, and failed to provide proper documentation, including meeting minutes, undermining the legitimate expectations of the clan.

In response, the family members are demanding that the President of the National Council of Chiefs, through the Matabeleland North Provincial Assembly of Chiefs, organize a fresh consultation meeting to select a suitable regent in line with the Traditional Leaders Act and the customs of the Mlonyeni-Khumalo clan. They insist that Zanele Khumalo, along with the chiefs involved in the disputed process, should be excluded from this meeting.

The case now awaits a court ruling, which could set a precedent in the handling of traditional leadership succession disputes in Zimbabwe.