THE installation of Chief Kayisa Ndiweni’s successor that was scheduled for today has been postponed after the warring family agreed to wait for the finalisation of the High Court case on the disputed chieftainship.
Members of the Ndiweni family yesterday told Bulawayo High Court judge Justice Martin Makonese in his chambers that the planned installation was now off pending finalisation of an application filed by the late chief’s eldest son seeking to block the installation of his younger brother as Chief Kayisa.
On Tuesday, Joram Kayisa Thambo filed an urgent chamber application to stop the installation of his younger brother Nhlanhla as the new chief.
The application was filed pending the hearing on summons which Thambo, through his lawyer Sindiso Mazibisa, had filed to contest Nhlanhla’s installation on August 15.
Thambo approached the court saying he had noticed that preparations for his younger brother’s installation were going ahead pending the hearing of the summons.
In his founding affidavit compiled on his behalf by Douglas Dumisani Ndiweni, Thambo cited the Umguza district administrator as first respondent, Nhlanhla, Local Government minister Ignatius Chombo and President Robert Mugabe as second, third and fourth respondents respectively.
The parties agreed yesterday before Justice Makonese to withdraw the urgent chamber application after Nhlanhla, through his lawyers Webb Low and Barry, indicated that the installation would no longer take place until his elder brother’s case was heard by the same judge.
“The parties agreed in chambers that the gathering which was set to be an installation of Nhlanhla would no longer be an installation, but a family gathering,” Thambo’s lawyer Sindiso Mazibisa said as they emerged from the chambers.
“The defendants have since given a notice that they will defend themselves in the summons case.”
The date for the summons case is yet to be set.
Thambo had filed summons to set aside his brother’s selection as their father’s successor.
He said the installation of his younger brother as substantive Chief Kayisa did not comply “with Section 3 of the Traditional Leaders’ Act as well as the Nguni custom, practice and norms”.
Thambo said he wanted the respondents to be forced to comply with the Traditional Leaders’ Act Chapter 29:07 in the choice of a substantive Chief Kayisa within 90 days of granting of the order.
He said failure to do so should see him being declared Chief Ndiweni as he was the eldest son of the late chief.
Thambo said Nhlanhla was his younger brother and his appointment was an abomination in Nguni custom, culture, precedent, norms and practices, and untenable legally.