Chief drags headman to court

gavel 2

Mashudu Netsianda, Senior Court Reporter
Chief Sigola of Umzingwane District has taken a village head to court for allegedly repossessing land from local widows and parcelling it out to six villagers without his consent.

Zephania Sigola has filed an urgent chamber application at the Bulawayo High Court citing acting village head Martin Mabaleka and the six villagers Noble Mathe, Shepherd Phiri, Ndodana Sibanda, Sipho Nkala and Clement Sibanda as respondents.

Chief Sigola, in his founding affidavit, accuses Mabaleka of allocating land to the villagers under his jurisdiction without his authority.

The controversial pieces of land belong to other villagers, among them, widows.

Sigola said Mabaleka has refused to order the six beneficiaries to hand the land back to the rightful owners.

According to the court papers Mabaleka has since applied for a peace order against some villagers who are claiming their land back, accusing them of being violent.

“The respondents have illegally taken the stands and fields of other residents, including a field allocated to workers who have been ploughing the land for years. As the traditional chief, I cannot allow illegal reforms being brought in my area,” said Chief Sigola.

Chief Sigola said he was the only one authorised to recommend people to be allocated stands to the Lands Committee.

“I was not involved and was only surprised to see people developing the stands and that is when I wrote letters to those illegally developing the stands ordering them to stop,” said the chief.

Abel Ndlovu and Christopher Sibindi whose land was repossessed by Mabaleka also disposed their supporting affidavits.

“We were given the fields that we’ve been ploughing for years until the respondents decided to grab it from us,” they said.

Justice Francis Bere ruled that Chief Sigola’s application lacked justification to be treated on an urgent basis.

“This matter does not represent the kind of urgency contemplated by the rules. The challenges highlighted by the applicant have been occurring for many years before and there is no justification at all to bring this matter as an urgent application.

“The matter must be dealt with in the ordinary way. I decline to treat this matter on an urgent basis,” ruled Justice Bere.

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