RURAL Development, Preservation of Culture and Heritage minister Abedinico Ncube is pushing ahead with the installation of a traditional leader in Masvingo’s Zaka district despite a contempt of court charge hanging over his head.
BY RICHARD CHIDZA
Ncube has been sucked into the wrangle over the Ndanga chieftainship amid reports that he, for months, avoided being served with the court papers.
When the deputy sherriff finally served Ncube with the papers, the minister urged the High Court to dismiss the application, alleging that he has not violated any order.
In urging the court to dismiss the application, Ncube and Zaka district administrator, Tapson Chivanga, who are cited as respondents, argued that because the remedy sought could result in imprisonment, “it is imperative that the process is served personally”.
In his arguments on the facts of the matter, Ncube denied his ministry was in charge of traditional leaders when the wrangle exploded.
“The second respondent (Ncube) will state that he was wrongly cited as a party to this matter as the ministry of Rural Development, Preservation of Culture and Heritage was not in existence during the time the court order was handed down, but the judgement was against the minister of Local Government Rural and Urban Development,” he said.
But aspiring chief, Christopher Matumbike’s lawyer, Farai Mushoriwa argued that the order granted by the High Court was “binding to the holder of the office in question”.
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“It would be absurd for a government to claim that the successor of an office is not bound to carry out a judgment, which was handed down during the time of the present holder’s predecessor,” Mushoriwa said, admitting that the current ministry was not in existence at the time the order was handed down.
“However, this ministry has taken over all the functions of the former ministry of Local Government, Rural and Urban Development in as far as they relate to the administration of local government structures. The ministry deals with the recommendation of chiefs and is presently saddled with this very matter in their office and cannot hide from this responsibility.”
Ncube now oversees the appointment of traditional leaders after President Robert Mugabe created the new ministry last year.
Matumbike has set in motion a process to have Ncube declared in contempt of court and now accuses the minister of playing truant and acting in contravention of High Court order HC9104/11 that declared him duly nominated substantive chief Ndanga in 2011.
Ncube, however, despite Matumbike’s claims, on November 24 this year, wrote to traditional leaders in Zaka district to convene a meeting as part of preparations for the coronation of Chief Ndanga.
Matumbike argues that former Local Government minister Ignatius Chombo ignored a High Court order and presided over a process that saw Richard Chin’ombe installed as substantive chief. Chombo’s process overturned a family process that has chosen the visually challenged Matumbike.
The process, according to Matumbike, was temporarily stopped by Chombo’s successor, Saviour Kasukuwere before Ncube took over and reversed everything.
The chieftainship row has been raging since the death of Charinda Chimedza in 2008.
