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CHIPFUYAMITI v NYAJINA & ANOR 1992 (2) ZLR 148 (H)
Constitutional law — Constitution of Zimbabwe 1980 — s 111 — appointment of chiefs Customary law — Chiefs and Headmen Act 1982 — s 3 — appointment of a chief — entirely at discretion of President — courts will neither investigate nor recommend
Section 111 of the Constitution provides that there shall be chiefs. However, the Chiefs and Headmen Act 1982 governs the appointment of a person to a particular chieftainship and the recognition and establishment or abolition of any particular chieftainship. Under this statute these functions are vested in the President. In exercising these powers the President has an absolute discretion, unfettered by any statutory shackles other than the duty to give due consideration to the customary principles, if any, applicable to the community over which such chief is to preside. It is only the President who can determine who shall be appointed as chief. The court has no power to investigate, determine or even recommend to the President who should be appointed as the chief in the area.
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