File Photo: Lusaka High Court.
GRACE CHAILE LESOETSA writes
THE Lusaka High Court has nullified Chief Chibwika, Julius Muyinda’s chieftaincy because his selection and installation was irregular and had not been done in conformity with recognised practices of the chiefdom.
This is in a matter where Muyinda sued Matthews Sweta, Ackson Kasapatu, Phinas Mutembu and Obbie Ntenda seeking an order that he was the right person selected and installed as Chief Chibwika of the Lunda speaking people in Mwinilunga.
Muyinda contended that his installation was validly done by the three royal families – Mushidi, Kalwizhi and Wachikeka.
He also sought an order compelling the Attorney General Likando Kalaluka whom he cited to recognise him as Chief Chibwika and to gazette his installation as the law requires.
Muyinda also sought order of interim injunction restraining Sweta, who is Senior Chief Kanongesha, his agents or servants whatsoever from interfering with his duties as Chief Chibwika until final determination of the matter and further order of the court.
In his judgement, Judge Mwila Chitabo said he was satisfied based on the evidence presented that Muyinda was not validly selected and installed as Chief Chibwika because the system of rotation was not followed and that he being the biological son of the past Chief Chibwika could not succeed the father according to other custom.
Judge Chitabo said that there was no doubt that the meeting for selecting Muyinda was orchestrated without the full participation of all the members of the royal families as the case was when they selected the Mwamba Ilunga.
He said there was evidence on record that showed that historically and traditionally Senior Chief Kanongesha did have a role to play in the selection of Chief Chibwika.
Judge Chitabo then ordered for the matter to be referred back to Lunda kingdom for the selection and installation of Chief Chibwika with the supervision of Senior Chief Kanongesha and all the interested parties.
“All the eligible candidates be given an opportunity to fairly contest the position of Chief Chibwika in line with the customs in the Chibwika chiefdom.
I accordingly discharge my earlier injunction granted in favour of the plaintiff on 3rd May, 2017,” ordered the Judge.
