LOCAL Government minister Ignatius Chombo, was yesterday barred by the High Court from proceeding with the installation of a Masvingo chief after it emerged the stipulated procedures had not been followed.
SENIOR COURT REPORTER
High Court judge Justice Maria Zimba-Dube granted a provisional relief order sought by Chief Kadiwa Chikwanda against the installation of Boniface Musara on the basis that Chombo had defied the Traditional Leaders Act.
In the urgent chamber application Chief Chikwanda cited Chombo, National Council of Chiefs president Fortune Charumbira, Musara, Masvingo district administrator and Masvingo provincial administrator as respondents.
Chikwanda challenged the installation of Musara, claiming Chombo did not comply with Section 3 (1) of the Traditional Leaders Act, which requires the minister to make consultations through the National Council of Chiefs before the appointment.
He argued that Chombo should have consulted with the local community before proceeding to install Musara as chief.
“The first, second, third, fourth and fifth respondents be and are hereby ordered not to proceed with the installation of the third respondent (Musara) as chief,” Justice Dube ordered.
Justice Dube further granted all the respondents a period of 10 days to show cause why the court should not grant a final order nullifying Musara’s appointment as chief.
Part of the urgent chamber application by Chief Chikwanda read: “If you do not file an opposing affidavit within the period specified above, this matter will be set down for hearing in the High Court at Harare without further notice to you and will be dealt with as an unopposed application for confirmation of the provisional order.”
Musara was recently appointed as a substantive chief, from being a headman, but Chief Chikwanda expressed reservations about his elevation to the leadership post.
Musara’s headmanship reportedly came into existence courtesy of Chief Chikwanda, who a few years ago agreed to appoint him and gave him a piece of land.
But as time went by there were disputes where Chief Chikwanda reportedly wanted the headmanship deal reversed.