CHIEF CHITIMUKULU ASKS CONCOURT TO DISMISS PETITION SEEKING ELEVATION OF CHIEF MUKUNI TO PARAMOUNT CHIEF
By Nelson Zulu
Chief Chitimukulu has asked the Constitutional Court to dismiss the petition in which Bene Mukuni Royal Dynasty Committee Director General Jonas Shakafuswa is seeking the elevation of Chief Mukuni to Paramount Chief.
In an affidavit in support of summons to dismiss the petition for want of capacity and jurisdiction, Chief Chitimukulu, Henry Kanyanta Sosala, argues that Mr. Shakafuswa lacks the legal capacity to commence the proceedings on behalf of Chief Mukuni.
Chief Chitimukulu says searches conducted on October 16, 2026, at the Patents and Companies Registration Agency –PACRA-, the Registrar of Societies and the Registrar of Non-Governmental Organisations established that the Bene Mukuni Royal Dynasty Committee is not a registered entity or organisation in Zambia
He submits that the committee’s lack of legal status means Mr. Shakafuswa cannot institute legal proceedings in his capacity as its Director General, particularly in a matter concerning the status and constitutional rights of a traditional leader.
Chief Chitimukulu further argues that the Constitution of Zambia, as amended by Act Number 2 of 2016, recognises the office of a chief as a constitutional office with perpetual succession and the legal capacity to sue or be sued in its corporate name.
He contends that any legal action concerning a chief’s status, rights or paramountcy should therefore be instituted directly by or against the incumbent holder of the office.
The traditional leader maintains that the recognition, installation or appointment of a chief is the preserve of the people of the particular culture or tradition, arguing that the petition should be dismissed on grounds of legal capacity and jurisdiction.
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