PRIME Minister Morgan Tsvangirai will not attend Saturday’s hearing at Chief Negomo’s traditional court in Chiweshe because the process is illegal and invalid, his lawyers have said.

Chief Negomo, Luscious Chitsinde, wants Tsvangirai to answer charges of violating traditional customs by allegedly marrying his pregnant girlfriend in November, a taboo under Shona customs.

The hearing is expected to take place on Saturday.

"From a legal point Tsvangirai will not appear before your court because the entire process is manifestly illegal and void,” his lawyers, Dube, Manikai and Hwacha Legal Practitioners said in response to the chief’s summons.

"It appears to us that you have not read and or that you do not understand the law, province and your limits as a traditional Chief."

Chitsinde however, vowed to proceed with the hearing even if the premier does not attend.

Tsvangirai’s lawyers said the process was defective because Chitsinde had made himself both the complainant and judge in the case.

“Your summons is defective because it cites you personally as the Plaintiff or Complainant," the lawyers said.

"Obviously this is irregular. A judge cannot be a Plaintiff in his own Court. A Plaintiff cannot be a Judge in his own case.

The lawyers added that Chitsinde was not authorised to hold a local court because the necessary permit had not been issued by the Justice Minister as required by law.

"In the event that you are a Chief who is authorised to convene a Court (which we dispute) we must state still that the local/traditional Courts are not meant for you or for any Chief to abuse in the pursuit of their personal or their political endevours,” they said.

"Further, if you read the Customary Law and Local Courts Act and Regulations, you will find that you have no jurisdiction over Tsvangirai at all.

"In terms of Section 4.3 of the Local Courts Rules 1991, the jurisdiction of both a Chief and his messengers of Court is limited persons who ‘reside or work' within the Chiefs' area of jurisdiction."

Deputy local government minister, Sesel Zvidzai (MDC-T) has also warned Chitsinde he could face disciplinary action over the summons and dismissed the Chief’s claim of jurisdiction over Christon Bank where the ‘marriage’ ceremony was conducted.

“Christon Bank (which falls under) Mazowe Rural District Council is in a ‘Resettlement Area’ (and such) areas have not been placed under jurisdiction of any appropriate Chieftainship,” Zvidzai said.

“(His) actions to summon the Prime Minister to his so-called court are mischievous. Such mischief will naturally invite action from the Ministry.”