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Nomination, Appointment, Misconduct, Suspension and the Removal of Traditional Leaders

HH37-12 : KIDWELL MACHAKA vs MINISTER OF LOCAL GOVERNMENT, URBAN AND RURAL DEVELOPMENT AND TWO OTHERS
Ruled By: MATHONSI J

The process of nominating a candidate is the province of the clan and section 3 of the Traditional Leaders Act [Chapter 29:17] does not envisage a situation where government officials interfere with that process and dictate what should be done, whether in the form of commissions, or otherwise.
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Appealed
HB07-12 : GOLDEN MOYO vs STEPHEN MKOBA and DISTRICT ADMINISTRATOR, MIDLANDS PROVINCE and GOVERNOR, MIDLANDS PROVINCE and MINISTER OF LOCAL GOVERNMENT and PRESIDENT OF ZIMBABWE
Ruled By: NDOU J

There are two matters in this case.The first matter, HC1369/09, is for the confirmation or discharge of a provisional order granted by this court on 10 September 2009. The second, which is the main matter, under case number HC1410/09, is for the rescission of the decision to appoint the first ...
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HH133-12 : MONICA CHIKOORE vs J P KADZIYA and DISTRICT ADMINISTRATOR, KADOMA DISTRICT and MINISTRY OF LOCAL GOVERNMENT
Ruled By: MATHONSI J

This is an urgent application in which the applicant seeks the following relief:“1. Terms of the Final Order SoughtThat you should show cause to this Honourable Court why an order should not be made in the following terms:(a) That the proposed meeting of 10 March be and is hereby set ...
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SC35-13 : GOLDEN MOYO vs STEPHEN MKOBA and DISTRICT ADMINISTRATOR FOR LOWER GWERU and OTHERS
Ruled By: MALABA DCJ, GOWORA JA and CHEDA AJA

This is an appeal against the judgment of the High Court given on 19 January 2012. The High Court discharged a provisional order under HCB1396/09. It also dismissed an application for review under case No. HCB1410/09.The provisional order which had been granted on 10 September 2009 reads:“TERMS OF FINAL ORDER SOUGHT1. That the installation ceremony ...
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HB145-11 : REBECCA MBEDZI vs MUVHUSO MBEDZI and THE DISTRICT ADMINISTRATOR, BEITBRIDGE and THE MINISTER OF LOCAL GOVERNMENT, URBAN PLANNING AND DEVELOPMENT
Ruled By: MATHONSI J

This matter concerns the disputed Sitaudze Chieftainship of Beitbridge. Basically, two families have emerged as claimants to the same chieftainship, namely that of Matshaba the father of Tsetani who sired the applicant in this matter and that of Siturumane, the father of Darana, the father of Pariti, who sired the first respondent in this ...
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HH366-13 : MURENGA CHIKWAMBA vs MATIUS MUKUNGA and LAZARUS MUKUNGA and MINISTER OF LOCAL GOVERNMENT PUBLIC WORKS AND URBAN DEVELOPMEMNT and DISTRICT ADMINISTRATOR SHAMVA
Ruled By: MATHONSI J

In this matter, the applicant is an aspiring Chief Madziva of Shamva who has approached the court on an urgent basis seeking the following relief:- “TERMS OF THE FINAL ORDER SOUGHT That you show cause to this Honourable Court why a final order should not be made in the following terms: (a) Fourth respondent nullify the nomination and recognition ...
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HB161-16 : SILIBAZISO MLOTSHWA vs DISTRICT ADMINISTRATOR, HWANGE N.O and SAUNDERS MLOTSHWA and MINISTER OF RURAL DEVELOPMENT, PRESERVATION & PROMOTION OF CULTURE N.O and PRESIDENT OF ZIMBABWE N.O
Ruled By: MATHONSI J

The plaintiff is the eldest daughter of the late Chief Nyangayezizwe Mvuthu Mlotshwa who was the substantive chief of Mvuthu area in Hwange District until his death in March 2014. The second defendant is her uncle, the brother of her father, who has been seconded for appointment as the next Chief Mvuthu. The plaintiff has instituted summons ...
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HH465-15 : ELIAS GAMBAKWE and SANANGURAI MUCHAKABARWA and OTHERS vs HEBERT CHIMENE and BIKITA DISTRICT ADMINISTRATOR and MASVINGO PROVINCIAL ADMINISTRATOR and MINISTER OF LOCAL GOVERNMENT N.O.
Ruled By: UCHENA J

The first applicant claims to be the guardian (zibambo) of the Budzi chieftainship. The second to the fifth applicants are the eldest surviving male children from the four houses among which the Budzi chieftainship rotates. The applicants claim that the guardian and the eldest male children of each house have the responsibility of nominating a person ...
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HH571-15 : MILTON MUNODAWAFA vs DISTRICT ADMINISTRATOR MASVINGO and PROVINCIAL ADMINISTRATOR and DIRECTOR, TRADITIONAL LEADERS SUPPORT and MINISTER OF LOCAL GOVERNMENT and EPHIAS MUNODAWAFA
Ruled By: TSANGA J

This matter, which concerns the removal of a chief, was placed before me for trial. Section 283 of the new Constitution, Constitution of Zimbabwe Amendment (No.20) Act 2013, now deals comprehensively with the appointment and removal of chiefs as well as with any disputes pertaining thereto. With the leave of the court, heads of argument were submitted by ...
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HB94-11 : GOLDEN MOYO vs STEPHEN MKOBA and DISTRICT ADMINISTRATOR, MIDLANDS PROVINCE and GOVERNOR, MIDLANDS PROVINCE and MINISTER OF LOCAL GOVERNMENT and PRESIDENT OF THE REPUBLIC OF ZIMBABWE
Ruled By: NDOU J

There are two matters in this case.The first matter, HC1396/09, is for the confirmation or discharge of a provisional order granted by this court on 10 September 2009. The second, which is the main matter, under HC1410/09, is for the rescission of the decision to appoint the first respondent as ...
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Appealed
HH92-07 : PHAROAH B. MUSKWE vs DOUGLAS NYAJINA and MUNHUWEI G.T. and MINISTER OF LOCAL GOVERNMENT, NATIONAL HOUSING AND URBAN DEVELOPMENT N.O.
Ruled By: KUDYA J

This trial is concerned with the identification of the correct house between two of the three houses that are eligible to ascend to the Nyajina Chieftainship of the vaZumba clan in the Uzumba Maramba Pfungwe district of Mashonaland East province of Zimbabwe.THE PLEADINGSOn 26 August 2005, the plaintiff issued summons ...
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Appealed
HH92-07 : PHAROAH B. MUSKWE vs DOUGLAS NYAJINA and MUNHUWEI G.T. and MINISTER OF LOCAL GOVERNMENT, NATIONAL HOUSING AND URBAN DEVELOPMENT N.O.
Ruled By: KUDYA J

ASSESSMENT OF THE CREDIBILITY OF THE WITNESSESI found the historical analysis rendered by TD Muskwe, for the plaintiff, plausible. It captured the oral history given by the elders of all the three eligible Houses.While Farai Muskwe, for the plaintiff, did not know that he was the eye of the clan, ...
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HH174-10 : SAMSON MARTIN MEKI vs VHURAMAYI VHUSHANGWE and OTHERS
Ruled By: CHATUKUTA J

The plaintiff issued summons on 23 July 2007 claiming the following relief:“(a) An order declaring that the only families entitled to the Mapanzure chieftainship are the following families:1. Chimbuya.2. Magwirokona.3. Mavhengere.4. Bwangundoga.5. Mupandasekwa.6. Gwenhamo.7. Shumbayaonda.(b) An order declaring that according to customary principles of succession to the Mapanzure chieftainship, the ...
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Appealed
SC01-21 : BERNARD MARANGE vs ZVIDZAI MARANGE and MINISTER OF RURAL DEVELOPMENT, PROMOTION AND PRESERVATION OF NATIONAL CULTURE AND HERITAGE and PRESIDENT OF ZIMBABWE
Ruled By: GWAUNZA DCJ, PATEL JA and BERE JA

This is an appeal against the whole judgment of the High Court setting aside the appointment of the appellant to the Marange chieftainship in 2016. It is a matter concerning the procedure to be followed in the appointment of chiefs in Zimbabwe pursuant to the advent of the current Constitution ...
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HH557-17 : ZVIDZAI MARANGE vs BERNARD MARANGE and MINISTER OF RURAL DEVELOPMENT, PROMOTION and PRESERVATION OF NATIONAL CULTURE and HERITAGE and PRESIDENT OF ZIMBABWE
Ruled By: MANGOTA J

Chikwavadombo Mastick Marange [“Chikwavadombo”] died on 8 September 2005. He was the substantive Chief Marange. Two persons acted in his place and stead, each in turn, after his death. These were one Ringisai Noah Marange and one Gilbert Marange.The first respondent eventually succeeded him as Chief Marange.The process of selecting ...
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HH363-13 : TAKANAYI MUREYI vs FORTUNE CHARUMBIRA
Ruled By: MTSHIYA J

This matter came before me as an urgent chamber application. I then set it down and heard the parties legal practitioners on 26 August 2013.After hearing the legal practitioners, I dismissed the application with costs.On 13 September 2013, the applicant's legal practitioners, Messrs Musendekwa and Mtisi, wrote to my clerk ...
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