The legitimacy of a Mazowe traditional leader, who is trying to force Prime Minister Morgan Tsvangirai to pay damages for allegedly marrying in the Shona sacred month of November, has been challenged, a High Court application has revealed.

President Robert Mugabe has been sucked into the case as he is cited as a respondent in his capacity as the appointing authority.

Chief Negomo, born Lucious Chitsinde, last year summoned Tsvangirai to his traditional court after the MDC-T leader reportedly paid bride price to Harare businesswoman Lorcadia Karimatsenga Tembo in November.

Tsvangirai was fined two cattle, two sheep, a 10 metre-long piece of cloth and ball of snuff in absentia. But the High Court overturned the ruling and Chief Negomo has since appealed to the Supreme Court.

However, the case now hangs in the balance after Tafaneyi David Gweshe filed a High Court application last week challenging the controversial chief’s legitimacy.

Gweshe cited Mugabe, Local Government, Rural and Urban Development minister Ignatius Chombo and Chief Negomo as first, second and third respondents respectively in the traditional leadership saga.

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Mugabe is responsible for the appointment of chiefs in terms of the Traditional Leaders Act.

Chombo was cited as minister responsible for administering the Act and “sets in motion processes and procedures after which 1st respondent (Mugabe) appoints traditional leaders”.

Gweshe wants the Gweshe-Shambare family declared the rightful heirs to the chieftainship in the area currently under Chief Negomo’s jurisdiction.

He also asked the courts to compel Chombo to convene a meeting of the Gweshe-Shambare family and formally appoint a chief from among them to replace the current Chief Negomo.

“I have carefully studied the history of the chieftainship. I have read articles on the chieftainship,” he said in the application. “I have spoken to elders of the family. I have traced the history of the matter as handed down through oral tradition.”

He claimed the Negomos misrepresented to the colonial authorities that the rightful heir to the chieftainship, a Shambare Gweshe, could not be located.

“The Negomos were instructed to go and fetch Shambare Gweshe who was the most senior in the Gweshe family and in line to inherit Gwangwadza’s chieftainship,” Gweshe said in the papers.

“The Gwangwadza/Negomo chieftainship badge was kept at Mazowe. After sometime, the Negomos went back to the Native Commissioner and pretended that they had failed to locate Shambare Gweshe. Upon being asked the name of the chieftainship, they said it was Negomo as opposed to Gwangwadza or Gweshe.”

He alleged that Chief Negomo had boycotted several meetings that were called to address the matter. The case has not been set for a hearing.

Chief Negomo has been accused of being an open supporter of Zanu PF, compromising his apolitical role.