By Mary Taruvinga
HIGH Court judge, Justice Siyabona Musithu has barred Cornelius Chivesani Chengera from assuming Chivero chieftainship.
This follows a successful application by one Tendai Chitinhe who is involved in a fierce wrangle with Chengera claiming that he is the rightful owner of the throne.
Chengera was appointed chief by President Emmerson Mnangagwa in May this year succeeding Chief Shopo who died in 2009.
Chitinhe said the appointment was done fraudulently before the High Court issued an interim interdict barring Chengera from acting as chief Chivero.
“The first respondent (Chengera) is hereby barred or stopped from acting or assuming the duties for Chivero chieftainship pending the finalisation of case HC3413/20. The first respondent pays the costs of this application,” said the judge.
Mnangagwa was last month taken to court by Chitinhe.
The fight spilled into the courts with Chitinhe claiming Chengera can only be mediator between the chief and the one who nominates them according to a family tree history.
He argued the process was done fraudulently and is seeking to be declared substantive Chief Chivero instead.
In the court papers, Chengera was cited as the first respondent while other respondents include, District Administrator Chegutu, Provincial Administrator Mashonaland West, Local government minister and President Mnangagwa.
Chengera of Chivesani sub-house was appointed substantive chief by Mnangagwa on the 21st of May 2020 succeeding Chief Shopo who died in 2009.
Chitinhe said due process was not followed and accused the director of traditional leadership support of diverting his appointment.
He said the Chivero chieftainship has its traditions and customs when it comes to ascension.
Giving history, Chitinhe said the Chivero dynasty devolves upon the house of Nyahunzvi whose descendants constitute three sub-houses from which they take turns to ascend to the chieftainship.
He said the three sub-houses in their seniority were Chivare, Madzorera and Wasvosva.
Chitinhe said Nyahunzvi’s first son, Chivesani (Chengera) does not partake of the chieftainship and he is not shown on the family tree and there has never been any descendant of his that ever became chief.
He said given these circumstances, Chengera who is a descendant of Chivesani cannot abdicate from the role of his ancestor no matter his desire to do so.