Mpezeni Can Dethrone Chiefs – Court
By Dickson Jere
Aaron Jere was installed as Chief Kapatamoyo of the Ngoni people after the death of his father who was the chief. He was installed – as per Ngoni tradition – by the Paramount Chief Mpezeni IV who is David Jere.
After serving for few years, complaints were raised against him by his subjects that Aaron Jere was selling land occupied by villagers to businessesmen including Indians. Kapatamoyo area covers most part of the Chipata town, including Chizongwe Technical School and Walele School whose farmland was also sold.
A meeting was convened by all ten Ngoni chiefs and the Mpezeni suspended Aaron Jere and later dethroned him based on the recommendations of the Royal Establishment. Instead, his half brother – Levy Jere – was installed as new Chief Kapatamoyo on recommendation of the Royal family.
It was contended that villages is what constitutes a chiefdom and therefore displacing poor villagers for commercial investments defeats the whole purpose of having a Chief when his role is supposed to look out for his people.
Aaron Jere sued Mpezeni IV and other chiefs, arguing that chiefs cannot be dethroned after being installed and that only death can remove the Chief. In rare circumstances, he contended, a Chief can vacate the throne when he gets mad or imprisoned.
Simply, that a Chief is installed for life and in case of indiscipline, he can only be suspended.
The High Court heard both sides and further summoned two Ngoni traditional experts to give evidence whether under the Ngoni culture a Chief can be dethroned if he has committed grave offenses.
“The evidence on record has established that the Ngoni culture, customs and tradition permit Paramount Chief Mpezeni to dethrone a subordinate Chief,” the Judge ruled.
“Aaron Jere was dethroned as Chief Kapatamoyo in accordance with the Ngoni tradition, and he was replaced by his half brother Levy Jere,” the Court said and ordered him to pay all the legal costs for the case.
Case citation – Aaron Jere v Paramount Chief Mpezeni & Others – 2017/HP/1748 and Judgement delivered last week Friday.
Lecture Notes;
1. The Judge relied on the Constitutional Court Judgement of The Litunga & Others v Attorney General in which the ConCourt ruled that all the four “Paramount” Chiefs in Zambia have power to install and dethrone Subordinate chiefs under them. However, the removal is not arbitrary but must follow the culture and tradition of each group.
2. What is not clear is what happens in areas where there are no Paramount Chiefs. Who removes such Chiefs if they commit grave crimes or offences? Since Zambia has only has “The Big Four” – The Litunga, Mpezeni, Chitimukulu and Gawa Undi.
Side Note. I acted for the Mpezeni and the Ngoni Royal Establishment in this case. I was also part of the legal team in The Litunga case.