Fresh wrangle rattles Mabhikwa chieftaincy

Vusumuzi Dube and Bruce Ndlovu, Sunday News Reporters

AFTER the pomp that witnessed the ascendency of Ms Zanele Khumalo, there seems to be fresh trouble on the horizon for the newly-installed Regent Chief Mabhikwa, after 32 family members approached the High Court challenging her appointment.

Regent Chief Mabhikwa, a married mother of two has been appointed to step in and fill in the shoes left by her late brother, Vusumuzi Khumalo who tragically died in a car crash along the Bulawayo-Victoria Falls Road in 2022. She is expected to serve in the position for nine years until Makhosemvelo Khumalo, the son of Vusumuzi who is currently a minor, comes of age and takes over as substantive chief.

While a colourful ceremony greeted Regent Chief Mabhikwa as she took on her new role on Friday, the day’s festivities took place under the shadow of a legal challenge fuelled by a long-standing dispute on who is the rightful claimant to the Mabhikwa chieftaincy.

Some sections of the Khumalo family have since approached the High Court challenging the appointment of Zanele. They allege, among other issues, that the appointment is illegal as there is no position of the Regent at law and that there was no nullification or withdrawal of the First Applicant (John Khumalo) from Acting Chief position.

Legal challenges by John also led to delays in the installation of the previous Chief Mabhikwa, Vusumuzi Khumalo. At the time, John and those backing him within the family alleged that Nicholas Khumalo, Vusumuzi and Zanele’s father had not been the rightful Chief Mabhikwa.

Mr John Khumalo

Their challenge stemmed from the long-held belief that as Nicholas’ mother, the original Chief Mabhikwa’s first wife, was a Mabhena, she could not be designated as the mother of his rightful heir.

Chief Mabhikwa’s first three wives were all Mabhena, and thus their children could not be expected to be first in line to succeed him.

According to claimants of the throne, the heir was supposed to come from MaMkhwananzi, a wife he married later, as per tradition. However, when he died in 1983, Nicholas, the son of the most senior Mabhena woman, took over the chieftaincy until his death.

In the latest episode of the long-running saga, 32 family members through their lawyers Dube, Mguni and Dube Legal Practitioners, alleged that the appointment of Zanele was irrational and unreasonable.

In the application, the Minister of Local Government and Public Works, Daniel Garwe, is named as the First Respondent, president of the National Council of Chiefs, Mtshane Khumalo (Second Respondent), chairperson of the Matabeleland North provincial assembly of chiefs, Chief Siansali (Third Respondent), Zanele (Fourth Respondent) and President Mnangagwa as the Fifth Respondent.

They accused the Chief Nkalakatha-led Government delegation to discuss the succession matter, as being biased and having a conflict of interest.

John in his founding affidavit argues that with the appointment of Zanele, there are now two acting chiefs in the area (including him), arguing that the Traditional Leader’s Act and the Constitution of Zimbabwe do not provide for any regent chief. He argues that the chieftaincy dispute dates back to December 2009 when the High Court delineated the lawful process for the appointment of a Chief within the Mlonyeni Khumalo chieftaincy, where he was declared the successor to the Chief Mabhikwa chieftaincy.

“The Traditional Leaders Act and the Constitution of Zimbabwe prescribe a structured process for the appointment of a Chief.

This process was ignored, and key family members were not consulted or their opinions ignored. Instead, the appointment was orchestrated at a venue chosen by Government representatives, contrary to procedural norms and our family values and practices.

“The Chief Mlonyeni Khumalo family tree unequivocally establishes that chieftaincy has never been passed to a female Regent or Chief. Succession has historically moved among brothers, ensuring adherence to cultural traditions.

The concept of a Regent Chief, as purported by the Respondents, has no basis in Zimbabwean law — neither the Constitution nor the Traditional Leaders Act provides for such a position,” said John.

He further claimed that the decision to appoint Zanele as regent has caused widespread dissatisfaction, not only among the 32 Applicants in this matter but also among hundreds, if not thousands, of members of the Mlonyeni-Khumalo-Mabhikwa clan and the broader Lupane community.

In the application, John further implores that Zanele is out of touch with the traditional ceremonies of the family.

“The Fourth Respondent (Zanele) who is my niece is married as a Mrs Ndlovu and not conversant with the Traditional Ceremonies of the family, clearly capacitated, aloof and her appointment is against the will and wish of the family and is clear recipe for disunity not only within the family but also within the community.

“The appointment of a woman chief even in an acting capacity is alien in our family and an insult to our customs and practices. We have nothing against women’s rights but this is a purely cultural and family issue.

It means Mrs Ndlovu, either has to leave her matrimonial homestead in Jotsholo and relocate to the Chief Mabhikwa homestead together with her husband or the Chieftaincy homestead has to relocate to Jotsholo in her homestead.

This is unthinkable and will amount to a cultural desecration to the whole family and clan and it is unacceptable,” said John in his founding affidavit.