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.
The reason is self serving. The question is why them alone? What makes them so important? Judge Yangilo was right. Doesnt Gawa Undi spread into Malawi and Mozambique?
Let the games begin
Sadly this what retards development. Egos and self serving arguements. With all due respect. What is the reason spoil that these three Paramount Chiefs have to gain in the matter that Mukuni seeks. Let him make his own arugment. If it has substance and the other Tonga cgiefs benze dwiii. Inzabo. But the arguement that these three pose is about them and their status. What does status have to do with traditional kingdoms that have evolved and have little or no substance apart from identity. When it comes to land. What development exists in the Eastern and Western province? We have investors who have been frastrated by the traditional ridgities that dont serve the people of the area. Sorry but look at Charles of England. Slowly he is losing relevance. He struggling to sustain the assets that are said to own by the family. And the People unless the land is rendered productive will benefit them how? Most of it sold by the same chiefs. Chief Nkana was found with US$ Dollars 5 MILLION after selling land that he holds in trust for the people under him. In his personal ZANACO account. Was that right? Ba NGO who speak up for stake holders where they? Its only ACC who tried to follow up on the matter. Mwenze dwiii….and the lamba youths of the area are busy blaming the state for the lack of opportunity while Lusambo was claiming a share from the Chief. How then do we develop? Public trust…..