2
HH 270-18
HC 1718/18
which is a Registered Trust which is concerned with issues of Elections, Democracy and Good
Governance in Zimbabwe.
The first respondent in this case is Chief Fortune Charumbira who was cited in his
personal capacity and in his capacity as a traditional leader and President of the National
Council of Chiefs.
The leadership is established as an institution under Chapter 15 of the Constitution of
Zimbabwe and appointments are made in terms of the Traditional leaders Act [Chapter 29:17].
The second respondent is the National Council of Chief a body Corporate established
in terms of s 285 of the Constitution of Zimbabwe and constituted in accordance with s 37 of
the Constitution of Traditional Leaders Act [Chapter 29:17].
The second respondent is a body whose functions under s 286 (1) (b) and (e) of the
Constitution includes maintaining the integrity and status of traditional institutions and
defining and enforcing correct and ethical conduct on the part of traditional leaders.
The third respondent is the Minister of Local Government, Public Works and National
Housing cited as the authority responsible for the Administration of the Traditional Leaders
Act [Chapter 29:17] and the institution of Traditional Leadership.
Procedure
The court application was served on he first, second and third respondents on 23
February, 2018.
The third respondent responded by indicating that the Ministry of Local Government
Public Works and National Housing will abide by the decision of this Honourable court.
The first and second respondents did not file any notice affidavit of opposition or an
opposing as required by the rules of the High Court of Zimbabwe, 1971, in terms of r 233.
This matter came before this court as an unopposed application on 28 March, 2018 and
the Presiding Judges directed that the applicants file Heads of Argument in support of the
application as this case raised constitutional issues and it was necessary that this court delivered
a written judgment.
The application was accordingly considered and deliberated upon by the court sitting
in the motion court on 9 May, 2018.
The Facts
The facts of this matter are captured in the founding affidavit deposed for and on behalf
of the applicants by one Trust Maanda, the chairperson of the applicants Board of Trustees.