Golden Moyo v Stephen Mkoba and Others

Golden Moyo (applicant) was the first-born son of Jackson Moyo, the last Chief Bunina of Lower Gweru who died in June 2003. The applicant was appointed acting Chief Bunina in May 2004 with a term expiring in May 2006. Meanwhile, meetings were conducted by Ministry of Local Government officials and the Bunina family to select a substantive Chief. Stephen Mkoba (1st respondent) emerged as a claimant. The succession dispute centered on whether Ndebele or Rozvi customary succession principles applied. The late Chief Bunina had multiple wives; the applicant's grandfather Mantiya (from the eldest wife Mavu) had previously ruled as Chief. The Mantiya family argued for the bilateral (father to son) Ndebele system of succession, while the Mkoba family, supported by Lugwalo and Mpabanga families, favored the Rozvi system. A selection meeting on 21 June 2006 resulted in Stephen Mkoba being chosen by the majority of houses, though this was acknowledged as non-procedural and non-congruent with either bilateral or collateral systems. The President appointed the 1st respondent as substantive Chief Bunina on 7 May 2007 in accordance with Rozvi principles. The applicant sought to set aside this appointment and have the selection process reopened.

• Whether the President's appointment of a chief under section 3 of the Traditional Leaders Act [Chapter 29:17] is subject to judicial review
• Whether the President is bound to follow customary principles of succession in appointing a chief or has discretion to depart from them
• Whether the Ndebele or Rozvi system of succession should apply to the Bunina Chieftainship
• Whether the selection process conducted by Ministry officials was procedurally fair and valid

The provisional order granted on 10 September 2009 under HC 1396/09 was discharged with costs. The application filed under HC 1410/09 was dismissed with costs.

The binding legal principle established is that the President has an unfettered discretion in appointing chiefs under section 3 of the Traditional Leaders Act [Chapter 29:17]. While the President must "give due consideration" to customary principles of succession applicable to the community, he is not obliged to follow them and may act as he thinks best in the interests of good governance of the community. The exercise of this executive power by the President in appointing a chief cannot be reviewed by the courts.

The court observed that although chiefs are envisaged as hereditary holders of office, it is only official recognition by the President that carries with it the title of Chief. In practice the President frequently appoints the person holding traditional title to the chieftainship, but he is not obliged to do so. The court also noted the contentious nature of determining which customary system (Ndebele or Rozvi) should apply to the Bunina Chieftainship, but did not make a definitive finding on this issue since it was not necessary given the President's broad discretion.

This case is significant in Zimbabwean law for establishing the broad discretionary powers of the President in appointing traditional leaders. It confirms that while customary principles of succession must be considered, they do not bind the President's ultimate decision. The judgment demonstrates judicial deference to executive decision-making in matters of traditional leadership and establishes that such appointments are generally not subject to judicial review. The case also highlights the tension between different customary law systems (Ndebele vs Rozvi) and the role of the state in resolving such disputes in the interest of good governance. It illustrates the limited scope of judicial intervention in traditional leadership appointments, even where the selection process itself may have been procedurally irregular.