MILLICENT HUNGWE
The High Court has finally put to rest a long-standing chieftainship wrangle in Masvingo Province by confirming the appointment of Matubede Mudavanhu as the legitimate Chief Mugabe.
In a judgment handed down by Justice Sunsley Zisengwe in Masvingo, the court dismissed a legal challenge brought by Emmanuel Dumbu, who claimed he was the rightful heir based on customary succession rules.
Dumbu had argued that the Mugabe chieftainship rotates among five royal houses and that he was nominated by a gathering of all houses in October 2022.
However, the court ruled that Mudavanhu’s appointment, endorsed by the President after years of wrangling, was lawful and within the provisions of the Traditional Leaders Act.
The court found that a valid nomination of Mudavanhu had already been made in 2017, a process supported by his background as the son of the late Chief Mute Mudavanhu and his 14-year service as acting chief since his father’s death in 2009.
Justice Zisengwe was critical of traditional leadership structures, including the Provincial Assembly of Chiefs and the National Council of Chiefs, for their failure to resolve the succession for over a decade, despite the legal requirement to fill such a vacancy within two years.
“The Provincial Assembly of Chiefs and the National Council of Chiefs let everyone down by failing to resolve the matter for 11 years,” said the judge.
Due to this prolonged deadlock, the court ruled that the Minister of Local Government had acted correctly by stepping in to recommend a candidate under Section 3(2)(b) of the Traditional Leaders Act, which allows such intervention when local processes fail.
The court also dismissed Dumbu’s reliance on a letter from the Attorney-General’s Office questioning Mudavanhu’s appointment, saying it carried no legal weight and conflicted with case law.
Regarding customary traditions, the judge said Mudavanhu’s appointment aligned with the community’s practices, pointing out that he comes from a legitimate royal house and enjoyed significant support within the clan.
“His appointment cannot be said to offend the customs, traditions and culture of the community,” Justice Zisengwe ruled.
The court also warned against reopening the flawed selection process that had stalled since 2016, saying it would be a pointless and backward step.
