(Last Updated on October 23, 2012 by Editor)
ZIMBABWE – Mashonaland Central traditional leader, Chief Negomo (Luscious Chitsinde) yesterday said he will not give up on Prime Minister Morgan Tsvangirai whom he wants penalised for marrying in the traditionally sacred month of November.
Chief Negomo said he was still pursuing his legal suit filed at the Supreme Court against the PM where he was contesting a High Court decision setting aside his ruling that found the premier guilty of marrying in November.
In an interview yesterday, Chief Negomo said he would not relent on his legal suit until the PM was made to account for his action. “Right now, we are pushing for a set down date so that the case can be heard in the Supreme Court,” he said.
“I will soon be meeting with my legal representatives to ensure that they secure a date for the hearing. “As a traditional leader, we are there to protect and preserve traditional and cultural practices. This, we will do, and take necessary corrective action against anyone who fails to observe these practices regardless of his standing in society.”
The PM paid lobola for Locardia Karimatsenga Tembo in November last year, resulting in Chief Negomo fining him two cattle, two sheep, a 10 metre long piece of cloth and a ball of snuff.
In papers filed at the Supreme Court in April this year, the traditional leader said he was not afforded an opportunity to make representations when High Court Judge Bharat Patel nullified the operation of his judgment.
“The High Court erred at law when it failed to appreciate that the cause of action that gave rise to Chief Negomo summoning the PM was a customary matter which required the Chief himself to institute proceedings just the same way a court of law can cite a defendant or an accused person for contempt of court and preside over the matter,” read the papers filed by the Chief.
It was submitted that the nature of the cause of action did not require any other plaintiff besides the Chief himself as the nature of the customary offence or misdemeanour was done against the community and not a particular individual.
Chief Negomo submitted that the High Court erred by subjecting the customary law to some common law when Section 89 of the Constitution of Zimbabwe was clear that customary law was a source of law. The Supreme Court is still to set a date for the hearing on the appeal.