CONSTITUTIONAL COURT ORDERS LITUNGA, CHITIMUKULU AND GAWA UNDI JOIN MUKUNI PARAMOUNT CHIEFTAINCY CASE

CONSTITUTIONAL COURT ORDERS LITUNGA, CHITIMUKULU AND GAWA UNDI JOIN MUKUNI PARAMOUNT CHIEFTAINCY CASE

By Fredrick Banda

The Constitutional Court has ordered that the Litunga, the Chitimukulu and Gawa Undi be joined to court proceedings concerning Chief Mukuni’s quest to be elevated to the rank of Paramount Chief.

The decision means that the three senior traditional leaders will now become parties to a legal dispute whose outcome could have far-reaching consequences for Zambia’s traditional leadership structure.

The order was made by a three-member bench comprising Judges Martin Musaluke, Judy Mulongoti and Gertrude Imbwae, which set aside an earlier ruling by single judge Pixie Yangailo dismissing the traditional leaders’ application to join the proceedings.

The three traditional leaders sought to participate in the matter because of the potential implications of recognising or elevating another paramount chief within Zambia’s existing traditional leadership framework.

In its ruling, the court observed that the creation, establishment or recognition of paramount chiefs was a matter of equal concern to those who already occupied that position. The court further noted that the outcome of the petition could extend beyond Southern Province and potentially reshape the country’s traditional leadership structure.

Chief Mukuni, a prominent traditional leader in Southern Province, is at the centre of the proceedings seeking his elevation to Paramount Chief. The legal dispute therefore raises questions about the recognition and status of traditional authorities and the possible implications of such elevation for other paramount chiefs.

By ordering the Litunga, the Chitimukulu and Gawa Undi to join the proceedings, the Constitutional Court has allowed the three traditional leaders to participate in a matter that may affect the institution of traditional leadership beyond the immediate parties to the case.

The substantive question of Chief Mukuni’s elevation remains the subject of the proceedings, and the joinder order should not be mistaken for a final determination granting him paramount chieftaincy.