Munodawafa v Masvingo District Administrator & Ors (HC 8352 of 2011) [2015] ZWHHC 571 (23 June 2015)

Munodawafa v Masvingo District Administrator & Ors (HC 8352 of 2011) [2015] ZWHHC 571 (23 June 2015)

The High Court declined jurisdiction because the Constitution provides a specific procedure for resolving disputes concerning the appointment and removal of chiefs, requiring exhaustion of remedies before the President, Provincial Assembly of Chiefs, and the Minister. The court cannot intervene before these remedies...

Source-derived case information.

Citation
[2015] ZWHHC 571
Parties
Plaintiff: Milton Munodawafa; Defendant: District Administrator Masvingo; Defendant: Provincial Administrator Masvingo; Defendant: Director, Traditional Leaders Support Services; Defendant: The Minister of Local Government Rural and Urban Development; Defendant: Ephias Munodawafa
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
23 June 2015
Case Number
HC 8352 of 2011
Procedural Posture
Civil / Trial Preliminary Objection on Jurisdiction
Outcome
dismissed with costs
Legal Topics
Removal of Traditional Leaders, Chieftainship Succession, Jurisdiction of Courts, Exhaustion of Remedies
Source Language
english
Constitutional Law Administrative Law Customary Law Removal of Traditional Leaders Chieftainship Succession Jurisdiction of Courts Exhaustion of Remedies

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Summary, issues, holding and outcome

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Parties

Milton Munodawafa

Plaintiff

District Administrator Masvingo

Defendant

Provincial Administrator Masvingo

Defendant

Director, Traditional Leaders Support Services

Defendant

The Minister of Local Government Rural and Urban Development

Defendant

Ephias Munodawafa

Defendant

Procedural Posture

Civil / Trial Preliminary Objection on Jurisdiction

Legal Issues

  1. 1 Whether the High Court has jurisdiction to hear disputes regarding the appointment and removal of a chief under the new Constitution
  2. 2 Whether the procedures in section 283 of the Constitution oust the court's jurisdiction
  3. 3 Whether the plaintiff should have exhausted constitutional remedies before approaching the court

Ratio Decidendi

The High Court declined jurisdiction because the Constitution provides a specific procedure for resolving disputes concerning the appointment and removal of chiefs, requiring exhaustion of remedies before the President, Provincial Assembly of Chiefs, and the Minister. The court cannot intervene before these remedies are exhausted.

Court Disposition

dismissed with costs

Orders

  • The matter is dismissed with costs.