CHIEFS’ Council president Fortune Charumbira, has approached the court seeking an interdict against an investigative and dispute resolution process that has been set in motion by one Fanuel Mkwaira, who is challenging the traditional leader’s legitimacy to the throne.
BY CHARLES LAITON
In his urgent chamber application filed at the High Court on Tuesday this week, Chief Charumbira said the proposed investigative team had already called for a meeting of the parties for a hearing process in Masvingo which was set to start on May 30, 2017 and ending on June 2, 2017.
In the application Charumbira cited the minister of Rural Development Promotion and Preservation of Natural Culture and Heritage Abednico Ncube, Fainos Mapingure, Mkwaira, Kutamahufa and Edgar Senza as respondents.
“Out of the blue and without any warning whatsoever I learnt in April 2017 from the first respondent (minister Ncube) that second respondent (Mapingure) had claimed that he was the legitimate Chief Charumbira. This came as a matter of shock to me as there could never be a possible basis on which the second respondent could bring such a claim,” Chief Charumbira said.
He added: “More so at this point in time when the chieftainship of the Charumbiras’ has been settled over several years and seventeen years into my tenure as Chief Charumbira.
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“It will be unlawful for the respondents herein to subject the applicant and his clan to an illegal and unconstitutional investigative and dispute resolution process. The respondent’s unlawful process will cause untold hardship to the applicant, the entire Charumbira clan and applicant’s constituency the traditional leaders of Zimbabwe as the applicant may be removed from his position and his clan may be burdened with an illegitimate leader.”
The Chief further said he would suffer irreparable harm if he was to be subjected to the “illegal proceedings” which had far reaching implications on his standing as Chief Charumbira.
“The illegitimate process will only save to undermine the dignity and integrity of applicant who is held in very high esteem among the traditional leaders and the public at large. The applicant also holds a highly respectable position at the continental parliament, an organ of the African Union,” he said adding “Any action which may amount to demean his standing should be avoided unless supported by overwhelming lawful process. In this instance the action by the first respondent is unconstitutional.”
The traditional leader, who is also a Senator, said as a chief he was involved in a number of additional issues which included leading various projects in his jurisdiction, resolving disputes and ensuring environmental conservation, food aid programme (zunderamambo), anti HIV/AIDS campaign among many others.
In his application Chief Charumbira also gave chronological events leading to his appointment as Chief Charumbira adding his whole clan was in support of his leadership.
The matter is yet to be set down for hearing.