IN THE HIGH COURT OF MALAWI MZUZU DISTRICT REGISTRY CIVIL CAUSE NO. 155 OF 2013 ZOBA JEREPLAINTIFF Vs THE ATTORNEY GENERAL1ST DEFENDANT (Ministry of Local Government and Rural Development) MZIMBA DISTRICT COMMISSIONER2ND DEFENDANT MASABANE JERE3RD DEFENDANT Coram :Honorable Mr. Justice D.T.K. Madise Mr. C. Ghambi Counsel for the Plaintiff Respondents Unrepresented Mrs. M. Lisiya Official Interpreter Mrs. F. Silavwe Court Reporter Madise, J FINAL ORDER On 24 July 2013 Zoba Jere the Plaintiff herein obtained an order of injunction stopping the Attorney General, the Ministry of Local Government and Rural Development and the District Commissioner for Mzimba from installing Masabane Jere as Inkosi Mzikubola III. At granting the order the Court further directed that the matter should be referred to Crown Prince Inkosi ya Makhosi M’Mbelwa V who must decide according to the Ngoni tradition who was the rightful heir to the throne of Inkosi Mzikubola. The Court deliberately referred the matter to Inkosi M’Mbelwa V in his capacity as the ultimate authority and custodian of the Ngoni culture and tradition in Mzimba District. The court ordered that in deciding this question Crown Prince M’mbelwa V was to consult Inkosi Mtwalo and Inkosi Mpherembe. The Court further ordered Crown Prince M’mbelwa V to summon both Zoba Jere and Masabani Jere to a hearing before making his final determination. According to a report filed by the District Commissioner for Mzimba Rev. M.O. Chimphepo dated 26 November 2013, two meetings did take place at Edingeni Headquarters on 3 and 23 September 2013. At those meetings each family was represented by 5 members. In his report the DC for Mzimba attached the written ruling Crown Prince M’mbelwa V made on 8 October 2013 in the presence of the following people. 1. Senior Chief Inkosi Mtwalo 2. Senior Chief Inkosi Mpherembe 3. Inkosi Kampingo Sibande 4. Parties to the conflict. In his determination which has been filed with the Court, Crown Prince Inkosi ya Makhosi M’mbelwa V gave a historical background to the family of Inkosi Mzikubola. He stated that Alufeyo Jere was the first known Inkosi Mzikubola II. He had 7 wives. 1st wife -NyaChirwa 2nd wife-NyamNyirenda 3rd wife-NyaNgoma 4th wife-NyaMgemezulu and 3 others That NyaChirwa and NyamNyirenda did not follow the Ngoni tradition when they got married to Alufeyo Jere as they did not pass through a cattle kraal (the umuthimba and verasangweni tradition). However NyaMgemezulu followed all the Ngoni tradition and procedures when getting married to Alufeyo Jere as she passed through the Mathenga, umuthimba and verasangweni. This meant that she was rightful wife of Alufeyo Jere according to tradition. Further to that NyaMgemezule was awarded the title Inkosikazi for giving a cow to Inkosi ya Makhosi M’Mbelwa for giving her the privilege to give birth to a future Inkozi Mzikubola. That none of the other wives ever gave a cow to Inkosi M’Mbelwa. After the death of Alufeyo Jere (Inkosi Mzikubola II) Chifwede Jere son to Alufeyo and NyaNgoma took over office because he was educated and that there was political motivation. Unfortunately Chifwede Jere was never officially installed as Inkosi Mzikubola according to the Ngoni tradition and culture as he did not pass through the cattle kraal (verasangweni). In that case Chifwede Jere was considered as acting chief. Chifwede Jere ruled as acting Inkosi Mzikobola until he died in 2000. In 2002, the name of Masabani Jere son to Chifwede Jere was submitted to government for his appointment as Inkosi Mzikubola III. By 2008, there was an out cry from the people of Emchakachakeni that a wrong name was submitted. This prompted later Tata Inkosi Ya Makhosi M’Mbelwa IV to write government withdrawing the name of Masabani Jere pending further investigation as to who was the rightful heir to the throne. The other name that was being proposed was that of Zoba Jere son of Alufeyo and NyaMgemezulu the official wife. In July 2013 when Zoba Jere overheard that people were making preparations to install Masabani Jere as Inkosi Mzikubola III, he rushed to the High Court and obtained an order of injunction stopping any further preparation of the installation ceremony. In his conclusion Crown Prince Inkosi Ya Makhosi M’Mbelwa V made the following statement: “Having heard from both parties to the conflict and from the witnesses, Ngoni tradition, culture and customs have to be followed and adhered to on chieftaincy inheritance. Thus Mathenga, umuthimba and verasangweni are some key issues to be looked into when making consideration on chieftaincy inheritance. Now according to the available facts from both parties to the conflicts and their witnesses, NyaMgemezulu’s house is the rightful house from which an heir to the Mzikubola chieftaincy would come from. Hence, I as Crown Prince Inkosi Ya Makhosi M’mbelwa V find that Zoba Jere is the rightful heir to the Mzikubola chieftaincy. Hence I declare that Zoba Jere will be Inkosi Mzikubola III ……..” I take judicial notice of the fact that Crown Prince Inkosi Ya Makhosi M’mbelwa V is the most senior chief of the Ngoni people of Mzimba. The chieftaincy of Inkosi Mzikubola falls under his authority. This most senior chief of the Ngoni people of Mzimba in consultation with Inkosi Mtwalo, Inkosi Mpherembe and Inkosi Kampingo Sibande has made his final ruling on the matter putting years of uncertainty and disagreement between the two families to rest. I now give that final ruling the force of law. Zoba Jere is Inkosi Mzikubola III. I therefore order the Minister of Local Government and Rural Development to facilitate the formal appointment of Zoba Jere as Inkosi Mzikubola III within 28 days, and that formal installation of Zoba Jere by Crown Prince Inkosi Ya Makhosi M’Mbelwa V will be done at his pleasure but within 12 months. I so order. Made in Chambers at Mzuzu in the Republic on 2 December, 2013.
Posted on: Mon, 02 Dec 2013 14:10:20 +0000
Trending Topics
Recently Viewed Topics
© 2015