High Court sustains Chikulamayembe chieftaincy

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The Mzuzu High Court has dismissed an application for an injunction to restrain Mtima Walter Gondwe from performing duties as new Paramount Chief Chikulamayembe of Rumphi District.

The new chief Chikulamayembe The new chief Chikulamayembe
21
November

The development follows an application by Joseph Bongololo Gondwe who is challenging the installation of Mtima Gondwe arguing the process was contrary to the constitution and the Chiefs Act.

Judge Thomson Ligowe dismissed the application after an inter-parties hearing that was held on November 8, 2019.

 

 Ligowe in his ruling said he sees no reason to order a stay after the paramount chief was installed.

 

“As much as I see strong case for judicial review in this case, I see no reason to order a stay order after the paramount chief was installed. This court will soon hear the application for judicial review,” said Ligowe.

 

Bongololo Gondwe’s lawyer, Micheal Goba Chipeta, ruled out the possibility of pursing the matter further saying he will now focus on the judicial review case.

 

“The judge has made it clear that he sees a very strong case in our judicial review. So we are okay with the wisdom of the court. What remains now is for the court to settle down the matter for a scheduling conference and then give dates for the actual hearing of the main judicial review. So we are going to concentrate our energies and efforts on setting the main action done for trial,” said Chipeta.

 

On the other hand lawyer, Wesley Mwafulirwa, representing Paramount Chief Chikulamayembe, welcomed the ruling saying his client will continue discharging his duties as the Tumbuka king.

 

The installation of Mtima Gondwe by the Minister of Local Government and Rural Development, Ben Phiri on October 22,  has brought controversy since the death of Walter John Hardy Gondwe in November 2018.

 

Bongololo Gondwe is disputing the installation of  Mtima Gondwe claiming he is the rightful heir to the throne.

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