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Chief Khayisa’s sons fight

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NDEBELE paramount chief Khayisa Ndiweni’s oldest son yesterday approached the Bulawayo High Court seeking to stop one of his brothers from succeeding his late father.

SILAS NKALA
STAFF REPORTER

Joram Khayisa Thambo filed an urgent chamber application to stop the installation of his younger brother Nhlanhla as the new Ntabazinduna chief, which has been scheduled for Friday.

Thambo had already filed an application to set aside his brother’s selection as his father’s successor and Bulawayo High Court judge Justice Martin Makonese is expected to rule on the matter on August 24.

In his founding affidavit compiled on his behalf by Douglas Dumisani Ndiweni, Thambo cited the Umguza district administrator as first respondent, Nhlanhla and Local Government minister Ignatius Chombo as second and third respondents respectively.

He wants the court to set aside his brother’s appointment as substantive Chief Ndiweni saying it does not comply “with Section 3 of the Traditional Leaders’ Act and as well as the Nguni custom, practice and norms”.

Thambo said he wanted the respondents to be forced to complywith the Traditional Leaders Act Chapter 29.07 in the choice of a substantive Chief Ndiweni 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 oldest son of the late chief. Thambo said the selection of the new chief had not followed the correct procedures.

“Following the demise of Chief Khayisa Ndiweni on or about the year 2012, the first respondent acting on advice from the second respondent and various other persons, decided to act outside the clear provisions of Section 3 of Traditional Leaders’ Act and Nguni practice and norms to choose the second respondents as the Ndiweni family choice for a substantive Chief Ndiweni position, which tainted choice was followed by the unlawful and unprecedented appointment of the second respondent as substantive chief by the first and third respondents and President of Zimbabwean appointed my younger brother as chief,” he submitted.

Thambo said he was the oldest son of the late chief and has a son aged 27.

He said the appointment of the new chief must be conducted after appropriate consultations, which were not done by the respondents.
“The respondent appointed is my younger brother and the 11th in the family of 12,” Thambo said.

“His appointment is an abomination in Nguni custom, culture, precedent, norms and practice and untenable legally done by people with no sense of good governance and appreciation of Nguni culture and provisions of Section 3 of the Traditional Leaders’ Act.

“No lawful impediment against my appointment, failing him my eldest son Mhlambezi is alive and fit to assume chieftainship.”

The wrangle over the Ndiweni chieftaincy has divided the family. Their mother Agnes reportedly recommended Nhlanhla to the position of chief at a time when both Nhlanhla and Thambo were based in England.

Thambo is a veterinary doctor while Nhlanhla is an engineer. According to a close family member, Nhlanhla arrived from England last week to assume the position of chief.

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