HARARE, Aug. 17 (NewsDay Live) — The appointment of Garepi Mavhurudza as substantive chief of Buhera South has been challenged in the High Court, with a member of the community’s recognised royal lineage seeking to have the decision set aside.
Tutsirayi Chimutsa, represented by Mangwana and Partners, has filed review proceedings seeking an interdict to stop the implementation of Mavhurudza’s appointment pending determination of the matter.
Chimutsa cited Mavhurudza, the National Chiefs Council and the Minister of Local Government and Public Works as respondents.
He argues that the appointment was made in breach of the law and customary succession practices because he was not given an opportunity to be heard despite being an interested and affected party.
Chimutsa also claims the appointment disregarded the established line of succession recognised under the community’s customs.
In his court papers, Chimutsa said he belonged to the lineage entitled to the Buhera South chieftainship under customary law and historical records.
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He attached historical records from the National Archives of Zimbabwe dating to 1967 relating to the Chamutsa community, which he said supported his claim to the chieftainship.
According to Chimutsa, Mavhurudza does not belong to the eligible lineage and was appointed without interested parties being afforded an opportunity to make representations.
He has consequently instituted review proceedings seeking to have the appointment declared unlawful and procedurally irregular.
Chimutsa is also seeking an order staying the implementation of the appointment pending the determination of his review application under case number HCH 1798/26.
He said the matter was urgent because Mavhurudza had already been appointed and he reasonably believed that his installation and assumption of office were imminent.
“If the installation and assumption of office occur, it will result in Mavhurudza exercising authority as Chief and entrenching his position,” Chimutsa said in his papers.
He argued that this would create a fait accompli and potentially render the pending review application nugatory.
Chimutsa said he acted promptly after learning of the appointment and its imminent implementation.
He is asking the court to remit the succession dispute to the appropriate authority for reconsideration in accordance with the law and customary practices, after all interested parties have been given an opportunity to be heard.
The application is pending.