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Fidelis Munyoro

Chief Court Reporter

Chief Chivero, Mr Cornelius Chivesani Chengera, has been ordered to surrender for safe keeping a Government vehicle issued to him in May this year until the leadership wrangle among clan members is finalised. 

Mr Chengera and Mr Tendai Chitinhe are the descendants of the founder of the Chivero clan and have been tussling for the high traditional office of substantive Chief Chivero. 

Chivero clan was without a substantive chi2ef since the death of the then Chief Chivero, born Matewu Chipashu, in 2009 until the appointment by President Mnangagwa of Mr Chengera in May last year after the usual consultations with the local community and the chiefly clan had been concluded. 

This decision was challenged at the High Court by Mr Chitinhe, who is also eyeing the chieftainship, culminating in an interim order barring Mr Chengera from assuming the duties of the Chivero chieftaincy until this legal challenge was settled one way or the other. 

However, in May of this year, the Ministry of Local Government, Public Works and National Housing allocated Mr Chengera a brand new Isuzu double-cab vehicle to use in his jurisdiction.

This spawned yet another lawsuit with Mr Chitinhe approaching the court for an order compelling Mr Chengera to stop executing the chieftaincy duties and returned the vehicle to the ministry until the matter was finalised. 

Justice Benjamin Chikowero granted the application after finding a well-founded fear of lasting injury for Mr Chitinhe if Mr Chengera retained the vehicle. 

He said if Mr Chengera was allowed to hold on to the vehicle it would be exposed to wear and tear as well as the risk of accident–damage. The substantive Chief Chivero is entitled to a brand new Isuzu double-cab, not a second hand vehicle. 

The judge was “satisfied that there is no ordinary remedy that could secure the vehicle as well as preserve the integrity of the proceedings” than to have the ministry hold the vehicle pending the finalisation of the law suit and the court’s decision.