MACHAKA v MINISTER OF LOCAL GOVERNMENT & ORS 2012 (1) ZLR 153 (H)

Flynote

C Customary law — chief — appointment of — selection of candidate — clan selecting a candidate — government officials having no right to interfere with nomination process and nominate another person

Headnote

In compliance with s 3 of the Traditional Leaders Act [Chapter 29:17] a nomination process was embarked on to select a candidate for appointment as Chief Ngezi. That process came up with the name of the applicant as the candidate for appointment by the President. Notwithstanding the selection of the applicant as a candidate for appointment, the Minister of and the Secretary for Local Government established a commission to investigate the selection of the applicant. This halted the process under circumstances suggesting interference with the process of selection. The commission proposed putting forward the name of the third respondent to the President for appointment. The applicant sought an order interdicting the respondents from doing so.

Held, that the process of nominating a candidate is the province of the clan and s 3 of the Act does not envisage a situation where government officials interfere with that process and dictate what should be done, whether in the form of commissions or otherwise. It was clear that the commission had rejected the selection process and the outcome of the meetings held by the clan. That commission was therefore unlikely todo anything favourable to the applicant. The order would be granted.