BIKITA – A village head who was suspended by Chief Marozva over
five years ago has engaged lawyers to help him challenge the move and be paid
all the allowances that he has been denied since 2014.
Fana Mudhodhomera, who claims to
be the legitimate Chinoira village head, told TellZim News that Chief Marozva,
whose real name is Phillip Mudhe, had overstepped his mandate by authorizing
his suspension and replacement by Prosper Machingambi.
He recently instructed Mutendi,
Mudisi and Shumba Legal Practitioners to write to Bikita District Administrator
(DA) Bernard Hadzirabwi to seek redress.
“We are informed that the current
Chief Marozva Joseph Phillip Mudhe wrote a letter to our client purportedly
communicating his suspension and the appointment of Prosper Machingambi as the
new village head. We are also aware that from 2014, our client has not been
receiving, from your offices, his monthly allowance as village head.
Furthermore, we are fully aware that the Chief has no powers to unilaterally
suspend, remove or appoint village heads. As such, the suspension and
subsequent removal of our client from office of village head is a patent
illegality,” reads part of the letter to Hadzirabwi.
The lawyers argue that in terms
of the traditional Leaders Act [Chapter 29:17], the power to appoint a village
head rests with the permanent secretary in the Local Government ministry who
endorses a headman’s nomination with written approval of the chief of the area.
They also say that it rests with
the secretary to appoint an acting village head to serve for a maximum of two
years if there is need.
“The Traditional Leaders’ Act
clearly does not give the Chief powers to unilaterally appoint a village head
of his choice…The Chief thus usurped the functions of the headman and futilely
tried to change the wording of the provision in order to justify his unwarranted
usurpation that resulted in the present illegality,” reads the letter.
In his own letter to Mudhodhomera
dated June 12, 2020, Chief Marozva instructs Mudhodhemera to stop practicing
duties meant for a village head.
“You are not village head of
Chinoira village. Therefore, you have no authority to call for village assembly
meetings. Mr Prosper C. Machingambi is Village Head of Chinoira Village,” reads
Chief Marozva’s letter.
However, in his response to the
lawyers, Hadzirabwi appears to take sides with Chief Marozva whom Mudhodhomera
accuses of abusing his power to victimise him and appoint his puppet.
“Chief Marozva did not suspend
Fana Mudhodhomera, he only applied recommended suspension following acts of
misconduct by Fana Mudhodhomera. On the issue of Fana’s allowances, we stand to
be advised by the Ministry,” wrote Hadzirabwi in his response dated August 13,