Chief Mugabe's appointment upheld by court

Published: 6 hours ago

The High Court has dismissed a challenge by Emmanuel Dumbu seeking to overturn the appointment of Matubede Mudavanhu as substantive Chief Mugabe, ruling that the succession wrangle within the Mugabe clan had reached a deadlock that warranted presidential intervention.

Dumbu, who had cited President Emmerson Mnangagwa, Local Government Minister Winston Chitando and Mudavanhu as respondents, argued that his rival's appointment was "irregular, illegitimate and unconstitutional." He claimed he was the rightful heir under the Mugabe chieftainship's "collateral system of rotation," whereby succession rotates among five royal houses — the Dumbu, Chipfunhu, Haruzivishe, Chikamhi (Muzondo) and Mudavanhu families.

Dumbu said a meeting of the five houses held at Chikarudzo Business Centre in October 2022 had nominated him as the successor.

However, Justice Herbert Zisengwe, presiding over the case at the Masvingo High Court, ruled that the traditional process had failed to produce consensus and that the appointment of Mudavanhu was therefore valid.

"There was a stalemate and this effectively left the Minister with no option but to invoke the proviso to section 3(2) of the Traditional Leaders Act," he said. "It would be an exercise in futility to repeat the same process and expect a different result."

The judge noted that Mudavanhu had already served as acting chief since 2009, adding that his appointment was not inconsistent with the customs and traditions of the community.

On the contested 2022 Chikarudzo meeting, Justice Zisengwe was emphatic: "His appointment cannot be said to be inimical to the customs, traditions and culture of the community in question."

The court further observed that Zimbabwe's laws needed to provide mechanisms to break such deadlocks. "Such a provision is a necessary tie breaker; a necessary tool to break any possible impasse," the judge remarked.

Dumbu had insisted that the collateral system of succession entitled his family to the throne, outlining how the houses rotate leadership based on seniority of lineage from the clan founder. He maintained that the Mudavanhu house had irregularly retained control after the death of Chief Mute Mudavanhu, with Matubede serving as acting chief for over 13 years before his recent appointment.

Despite his claims, the High Court dismissed Dumbu's application with costs, effectively cementing Mudavanhu's position as substantive Chief Mugabe after nearly 14 years in an acting role.
- NewZimbabwe

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