3 HH 270-18 HC 1718/18 In paragraphs 15 and 16 of this founding affidavit the aforesaid Board Chairman stated the following: “15. On 28 October 2017 at the official opening of the annual conference of the national Council of Chiefs, the first respondent pointed out to the respect accorded to chiefs by then President, Robert Mugabe and stated categorically that chiefs have been supporting and must continue to support, ZANU (PF) and its President in the forthcoming elections in 2018. 16. Several private media houses and the public media including the national public broadcaster captured the exact words causing offence that the first respondent uttered. They are as follows: As Chiefs, we agreed during the 2014 congress that Cde Mugabe is our candidate for the 2018 elections. We are all united and he is still our candidate. We have been supporting him and we can confirm that winning is guaranteed” I attach hereto marked ‘TM2’, TM3’, and ‘TM4’ news reports by the Zimbabwe Broadcasting Corporation, the Zimbabwean newspaper, the Daily News newspaper and the Zimbabwe Lawyers for Human Rights respectively. I have also attached and marked ‘TM5’ a letter of complaint to several relevant authorities penned by the applicant son after the first respondent’s remarks were reported.” The applicant averred that despite concerns that were raised by the applciant raised the first respondent did not withdraw his statement. The applicant submitted that after the then President Robert Mugabe was deposed in December, 2017, and subsequently, at a meeting held between President Emmerson Mnangagwa, who had taken over from President Robert Mugabe, the first respondent repeated his remarks that chiefs should support President Mnangagwa and his ZANU (PF) Party. The respondent’s speech made at a meeting held between President Mnangagwa and the Chiefs was annexed to the founding affidavit and among other things the first respondent in vernacular said: “19 At a meeting that was held between President Mnangagwa and the chiefs on 13 January 2018, the first respondent repeated his remarks that chiefs should support President Mnangagwa and his ZANU PF party. His full speech in vernacular is attached hereto. Among other things, the first respondent said: ‘Vamwe vaiti madzimambo mabva kuconference kuBulawayo, makatizve totsigira musangano muna 2018. Isu mashaniro icho ichokwadi woti mazvitaurirei izvozvo? (Some people were saying at your conference in Bulawayo you, chiefs said you will support the party in power. That is the truth and you ask why we have said it.) UNLAWFULNESS OF THE FIRST RESPONDENT’S REMARKS The applicant contended that the remarks made by the first respondent violated the provisions of s 281 of the Constitution of Zimbabwe and ss 45 and 46 of the Traditional Leaders Act [Chapter 29:17]. THE CONSTITUTION