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Daniel Nemukuyu Senior Court Reporter
The High Court has nullified the recent installation of Mr Bernard Murwira Marange (84) as substantive Chief Marange, leaving the people of Marange without a traditional leader. Justice David Mangota ordered the dethronement of Mr Marange after realising that he had been imposed on the people without following the law. Mr Marange was installed as substantive Chief Marange in October last year, taking over from Chikwavadombo Mastick Marange who died in 2005.

The nomination and subsequent installation of Mr Marange sparked chaos in Marange, with the people contesting the decision as improper and irregular.

A member of the Marange family Mr Zvidzai Dzoma Marange late last year instructed his lawyer Mr Charles Warara of Warara & Associates to challenge the case at the High Court.

Justice Mangota last week set aside the instalment and stripped the controversial leader of his powers.

“The court has considered all the circumstances of this case,” he said. “It is satisfied that the applicant proved his case on a balance of probabilities.

“It is accordingly ordered that:

1 The appointment of the first respondent (Bernard Murwira Marange) as the substantive Chief Marange be and is hereby set aside.

2 The first and second resoponmdents shall pay costs of this application.”

Justice Mangota directed the Minister of Rural Development, Promotion and Preservation of Natural Culture and Heritage, Abednico Ncube, to revisit the dispute and appoint a chief in terms of the law.

He blasted the minister for bungling in the Marange chieftainship wrangle.

“The work of the second respondent (minister) was frought with an illegality,” said Justice Mangota. “It is invalid. It is a nullity. It cannot, therefore, stand.

“The long and short of the stated position is that the event of 27 October 2016 (installation) should be undone. The second respondent, who is already alive to the dispute of the applicant, and the first respondent will have to revisit the matter which relates to the appointment of substantive Chief Marange.

“He is, in the mentioned regard, properly guided by Section 283 of the Constitution of Zimbabwe as read with Section 42 (3) (b) of the Traditional Leaders’ Act.”

Justice Mangota said Minister Ncube could have simply referred the wrangle to the Provincial Assembly of Chiefs as required by law, instead of imposing a traditional leader on the people.

“His next move is to receive the Provincial Assembly of Chiefs’ recommendation, which he will forward to the President of Zimbabwe,” he said. “The President will then act upon the same.”

The now dethroned Mr Bernard Murwira Marange was installed at Nharira Secondary School last year after the Marange community had been without a chief for 11 years.

Minister Ncube presided over the installation ceremony.

Mr Warara argued that Mr Bernard Marange was never the people’s choice and he was simply imposed on the masses.

The court head that Mr Marange was merely hand-picked and installed as chief.