High Court to hear disputed Whange Chieftaincy succession case

The High Court of Zimbabwe is set to hear a highly contested chieftaincy succession case involving the Shana traditional leadership in Whange District, Matabeleland North, amid allegations of historical injustice and colonial-era interference in customary succession processes.

According to a court notice, the matter - Case No. HCBC1378/24 - will be heard before Justice Evangelista Kabasa at the High Court in Bulawayo on Thursday, 24 July 2025.

The applicant, Elias Nyoni, is representing the Nemananga clan in a challenge against the legitimacy of the Neluswi-Shana chieftaincy, which currently presides over parts of Matetsi and Jambezi.

Nyoni is contesting the appointment of Tremendous T.K. Neluswi as Acting Chief Shana, arguing that the chieftaincy was unlawfully taken from the Nemananga lineage through collusion between colonial officials and the Neluswi family during the colonial period.

In court documents, Nyoni claims that after the death of Chief Chimbipo Chali Nemananga in 1948, Mkhosana Neluswi, then a messenger in the Nemananga court, used his connections with the colonial Native Commissioner to usurp the chieftaincy. He alleges this manipulation resulted in Neluswi's appointment as headman in 1951 and later elevation to Chief Shana in 1973, all without following proper traditional succession protocols.

"The purpose of this application is to correct the distorted history of the baNambya people in Matetsi and Jambezi," Nyoni stated in his heads of argument. "There is a dispute between the Nemananga and Neluswi clans over who rightfully holds the chieftaincy in these areas."

Nyoni stressed that he is not seeking the chieftaincy for himself but is asking the court to compel the Matabeleland North Provincial Assembly of Chiefs to resolve the long-standing dispute within six months.

The application has attracted strong opposition from government officials. In an affidavit opposing the claim, Local Government and Public Works Minister Daniel Garwe, who is cited as the second respondent, dismissed the Nemananga clan's historical claims, arguing there is no official record of a Chief Nemananga in 1948.

"There is no evidence in the district file that a Chief Nemananga ever existed. The claim to revive a chieftaincy that never existed is a fallacy," Minister Garwe said. "Even Mkhosana Neluswi was not initially a chief; he was a headman who was later elevated in 1973."

Garwe further argued that the Nemananga clan lacks standing in the matter because it is not officially recognised within the existing chieftainship succession framework.

Nyoni, however, maintains that the Nemananga chieftaincy dates back to 1903, when the baNambya people were governed by two distinct leaders: Chief Nemananga and Chief Nekatambe. He claims the colonial authorities distorted this traditional structure in the 1950s by demoting chieftainships and installing a Paramount Chief Whange, thereby eroding traditional systems of governance.

"This legal challenge is not personal. It is about restoring traditional leadership that was unfairly stripped away under colonial rule," Nyoni said.

The case is expected to reignite broader debates over colonial-era interference in traditional leadership and the complexities of restoring historical chieftainships in post-colonial Zimbabwe.

The High Court's decision is likely to set a significant precedent for how customary leadership disputes rooted in historical grievances are handled in the future.