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Harare High Court

Chawaona Wilbroad Kanoti v President National Council of Chiefs, NO and Minister for Local Government and Public Works, NO and Minister for Justice, Legal and Parliamentary Affairs, NO and Attorney General, NO

HH 385-25

Case Details

Court
Harare High Court
Date
1 July 2025
Citation
HH 385-25
Neutral Citation
[2025] ZWHH 385
Outcome
unknown
Case Type
Application

Bench

Presiding
Munangati-Manongwa J
Full Bench
Munangati-Manongwa J
Areas of Law
Constitutional LawAdministrative LawTraditional Leadership
Keywords
Constitutional rightsCultural participationTraditional chiefsMhondoro/Spirit MediumLocus standiSection 85 ConstitutionSection 63 Constitution
Tags
Constitutional rightsTraditional leadershipCultural rightsLocus standi
legislation
Statutes Cited
  • Constitution of Zimbabwe Amendment, 2013
  • Constitution of Zimbabwe Amendment, 2013
  • High Court Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the applicant has legal standing or locus standi to bring this application under section 85(1)(a) of the Constitution","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant's claim of interest in traditional chieftainhip culture and his right to participate in cultural life"}
  • {"issue_text":"Whether the applicant has established a cause of action for infringement of his fundamental rights under section 63 of the Constitution","issue_type":"constitutional","dispositive":"yes","related_facts":"Applicant's allegations about exclusion of Mhondoro/Spirit Medium from selection processes"}
  • {"issue_text":"Whether non-joinder of the President of Zimbabwe is fatal to the proceedings","issue_type":"procedural","dispositive":"no","related_facts":"Applicant's argument that application relates to selection and nomination rather than appointment"}
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background
Facts of the Case

Background

The applicant, Chawaona Wilbroad Kanoti, an individual claiming to be an "enlightened traditionalist," brought an application seeking a declaratory order that any selection and nomination of a candidate for appointment as a traditional chief where the candidate has not been confirmed by Mhondoro/Spirit Mediums renders the recommendation void ab initio. The applicant alleged that his right to participate in the cultural life of his choice under section 63 of the Constitution was being infringed by the current selection processes that exclude traditional spiritualists.
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