CHOMBA MUSIKA
Lusaka
OVER 100 headmen and subjects in Ngabwe chiefdom, Central Province, have gone to court to challenge their planned eviction from their land allegedly located in a Game Management Area (GMA).
They seek an order declaring that Ngabwe chiefdom and its surrounding headmen are bonafide and traditionally established villages.
They also want Lusaka High Court to declare that Ngabwe chiefdom boundaries be resolved after the installation of the new Chief Ngabwe.
Furthermore, they seek an interim injunction restraining Department of National Parks and Wildlife (DNPW) and others from interfering with the Ngabwe chiefdom and surrounding villages.
The plaintiffs are Noah Kalimoto, suing in his capacity, and that of the royal family members to the throne of Chief Ngabwe.
Another complainant is Christopher Chipwalala, who is headman Shibwengo, representing 120 other headmen and subjects of Chief Ngabwe.
Since courts are currently on break, the plaintiffs have applied for permission to file and serve process during the Christmas vacation.
The defendants are Kasempa Royal Establishment, DNPW, Ngabwe District Council and the Attorney-General.
Mr Kalimoto submits that he is a bonafide subject and member of the royal family and a candidate to the heir of the throne of Chief Ngabwe.
Mr Chipwalala and others submit that they have been headmen under the supervision of Chief Ngabwe and interested bonafide residents in the traditionally recognised chiefdom.
The plaintiffs submit that Government and Ngabwe District Council are aware that Ngabwe chiefdom has been in existence since time immemorial before independence in 1964.
“The delimitation of its district and any attempts to evict or misplace its subject is inhumane and unconstitutional.”
The plaintiffs submit that from 2018 to date, Ngabwe chiefdom has had no sitting chief.
“It is from this background that the wrangles between the chiefdom and the defendants emanate.
They submit that Government built institutions like schools and health centres before the area was made a district.
“…and any displacement of the surrounding villages would be tantamount to refuse the indigenous subjects of their right to live in a village of their choice,” they submit….https://enews.daily-mail.co.zm/welcome/home