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MUTARE High Court Judge, Justice Isaac Muzenda, has declared as unlawful, invalid and a legal nullity the appointment of Mr Alexio Chinongwa Nyamhute as the substantive Chief Katerere because it violated the dynasty’s succession principles and customs that require the involvement of spirit mediums.

Mr Nyamhute was appointed as Chief Katerere in 2023 following the demise of the then substantive Chief Katerere in 2017.

He took over from Mr Clepaten Chifodya, who was the acting Chief Katerere since 2018.

Mr Nyamhute’s appointment was subsequently challenged by Mr Pius Mupunwa — a village head under Chief Katerere, and a member of the Dembetembe royal house — who argued that the appointment did not follow requisite tradition and custom, ignored and infringed his lineage’s rightful claim to the throne.

Mr Mupunwa also said the Katerere Clan has two royal houses — Dembetembe and Samawanga — from which a substantive chief is nominated and appointed by the President, while the defendant, said the dynasty has three royal houses — namely Nyamhute, Nketa and Nyaurutsa.

Mr Mupunwa was represented by Mutare lawyer, Mr Chris Ndlovu of Gonese and Ndlovu Legal Practitioners, while Mr Nyamhute was represented by Mr Tawanda Kanengoni.

Delivering his judgment on Wednesday, Justice Muzenda said Mr Nyamhute’s appointment violated the known applicable succession principles of the Katerere Clan, and declared the office of Chief Katerere vacant.

“This court hereby declares as prayed for, Chief Katerere’s appointment, as unlawful and invalid as it violates the known applicable succession principles of the Katerere Clan. The appointment of Nyamhute as Chief Katerere, be, and is hereby set aside, and a vacancy for the post of Chief Katerere be declared, and the Minister of Local Government and Public Works should convene a fresh meeting of the Provincial Assembly of Chiefs responsible for the Katerere community at the earliest opportunity to consider and report back to him with its recommendations on the resolution of the dispute concerning the appointment of a substantive Chief Katerere,” he said.

Justice Muzenda also ordered that the recommendations should be submitted to the President so that the matter is resolved in accordance with the provisions of the Traditional Leaders Act: (Chapter 29:17).

Mr Mupunwa argued that the appointment of Mr Nyamhute ignored the pivotal role of spirit mediums in selecting the dynasty’s chief.

He said this was a prerequisite and critical aspect of the selection process.

“According to the Hwesa culture, the spirit mediums are the ones who choose the next substantive chief. In terms of the law and tradition, Mr Clepaten Chifodya was the acting Chief Katerere from 2018. A succession dispute arose thereafter between the royal houses of Dembetembe and Samawanga which prompted the statutory intervention of the Minister of Local Government and Public Works, who then set up commissions of enquiry and fact-finding, to look into and resolve the succession dispute. The commissions were supposed to be guided by the ordinary customary and traditional practices, norms and ethics of the Katerere people in the deliberations and findings,” he said.

Mr Mupunwa said despite the required procedure being clear, the commissions violated and offended the very ordinary customs and traditional practices of the Hwesa people as they sought to, and smuggled non-existent houses into the royal hood selection process.

“The commission’s recommendation of Nyamhute violated and adulterated the Hwesa customs because he does not hail from the Dembetembe family that was next in line to provide the substantive chief. Its cumulative conduct compromised the integrity of the Katerere chieftainship, and further compromised (my) legitimate expectations and ordinary rights,” he said.

The court also heard evidence from Mr Peter Katerere, who said the selection of a substantive chief should be directed by spirit mediums, adding that this practice has deep and permanent roots in their Hwesa Clan’s culture, and is still popular.

In his defence, Mr Nyamhute said he was the legitimate Chief Katerere by virtue of the letter of appointment he wields.

He said the Katerere dynasty has three royal houses – namely Nyamhute, Nketa and Nyaurutsa – from which a substantive chief can be selected.

However, Mr Nyamhute on several occasions struggled to, and stammered when answering questions, often prompting the intervention of the bench to impress on him the importance of responding to such questions.

For example, Mr Nyamhute failed to answer his lawyer when asked which tradition was used to select him to the throne.

He only said royal houses present used the collateral system, adding that the involvement of spirit mediums was last practiced in 1960 when Chief Njanji was selected and died in 1988.

Mr Nyamhute also failed to answer his lawyer when asked how the chieftainship was conveyed to him.

“I had to interject, and tasked Mr Kanengoni to advise his client to answer questions, and the evidential importance of such response to his defence, but he did not change. However, he told the court that after his selection he assembled all the Katerere houses to inform them, and on that occasion he was introduced as the new chief,” said Justice Muzenda.

Acting Nyanga District Development Coordinator, Mr Lloyd Kasema also testified, saying that based on the information presented to his office, the Katerere Clan’s succession matrix of chiefs follows the collateral system.

“My office provides secretarial work taking minutes and assisting the commission or Provincial Council of Chiefs with files. However, when the said meetings were held, it was my colleague Mr Zindova, who was the DDC then and he has since been transferred to Masvingo,” he said. – Manica Post