THE High Court has nullified the appointment of Bernard Murwira Marange as the substantive Chief Marange after noting that Rural Development, Promotion and Preservation of National Culture and Heritage, Abednego Ncube misled President Robert Mugabe into believing that due process had been followed.
BY CHARLES LAITON
Murwira was installed substantive Chief Marange on October 27 last year, but his appointment was challenged by his rival Zvidzai Dzoma Marange, who cited irregularities in the selection process.
This prompted Justice David Mangota to issue an order dethroning Murwira on August 28 this year, saying Ncube “should have realised that section 283 of the new Constitution offered him a clear guide which he could not ignore”.
He said the selection process should have been handled by the provincial assembly of chiefs.
“The work of the second respondent (Minister Ncube) was fraught with an illegality. It is invalid. It is a nullity, it cannot, therefore, stand. The long and short of the stated position is that the event of October 27, 2016 (installation) should be undone,” Justice Mangota said.
He added that the meetings held by Ncube in determining the proper candidate, whose name was to be submitted to Mugabe “did not produce a clear candidate whom the minister could recommend to the Head of State for appointment for the position of Chief Marange”.
“The second respondent who is already alive to the dispute of the applicant (Zvidzai) and the first respondent (Murwira) will have to revisit the matter which relates to the appointment of substantive Chief Marange.”
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Mangota added: “He (Ncube) should, in other words, have referred the same to the provincial assembly of chiefs. It is one of the functions of the provincial assembly of chiefs to consider and report on any matter which the second respondent refers to it … that provincial assembly is better qualified than anyone else to know the customs, traditions and cultures of the people of their province. They know what is and what is not taboo,” the judge said.
But Murwira has since approached the Supreme Court, appealing against Justice Mangota’s judgment. In the matter, Zvidzai was represented by Charles Warara.
