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Harare High Court

Zvidzai Dzoma Marange v Bernard Murwira Marange and Minister of Rural Development, Promotion and Preservation of National Culture and Heritage and The President of the Republic of Zimbabwe

HH 557-17

Case Details

Court
Harare High Court
Date
28 August 2017
Citation
HH 557-17
Neutral Citation
[2017] ZWHH 557
Outcome
unknown
Case Type
Application

Bench

Presiding
Mangota J
Full Bench
Mangota J
Areas of Law
Administrative LawConstitutional LawCustomary Law
Keywords
ChiefTraditional LeadersAppointmentReviewJurisdictionProvincial Assembly of Chiefs
Tags
ChieftainshipTraditional LeadersCustomary LawAdministrative Review
legislation
Statutes Cited
  • Constitution of Zimbabwe Amendment [No. 20] Act of 2013
  • High Court Act [Chapter 7:06]
  • High Court Act [Chapter 7:06]
  • Traditional Leaders Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the High Court has jurisdiction to review the appointment of a Chief where the Constitution provides for resolution of such disputes by the President on the recommendation of the Provincial Assembly of Chiefs.","issue_type":"procedural","dispositive":"yes","related_facts":"The respondents' preliminary point based on section 283 of the Constitution."}
  • {"issue_text":"Whether the appointment of the first respondent as Chief Marange was procedurally regular and compliant with the Constitution and Traditional Leaders Act.","issue_type":"law","dispositive":"yes","related_facts":"The lengthy selection process, the establishment of commissions of inquiry, and the failure to refer the dispute to the Provincial Assembly of Chiefs."}
  • {"issue_text":"Whether the applicant provided sufficient evidence to support his claim that he was the people's preferred candidate.","issue_type":"fact","dispositive":"no","related_facts":"The retraction of supporting affidavits and the lack of credible documentary evidence."}
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background
Facts of the Case

Background

The substantive Chief Marange, Chikwavadombo Mastick Marange, died in September 2005. After a lengthy selection process spanning approximately 11 years, the first respondent, Bernard Murwira Marange, was appointed as Chief Marange on 27 October 2016. The applicant, Zvidzai Dzoma Marange, challenged this appointment, alleging he was the people's preferred candidate and that the appointment process was irregular. The respondents opposed the application, arguing the court lacked jurisdiction.
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