Martin Masuka v Mafioni Rikonda and The Minister of Local Government and Public Works and The President of the Republic of Zimbabwe and Midlands Provincial Assembly of Chiefs and National Council of Chiefs and District Development Co-Ordinator, Gokwe South District

Key Issues

• {"issue_text":"Whether the court has jurisdiction to hear the review application without the applicant first exhausting the domestic remedy under s 283(c)(ii) of the Constitution.","issue_type":"procedural","dispositive":"yes","related_facts":"The applicant did not refer the dispute to the Provincial Assembly of Chiefs after the appointment."}
• {"issue_text":"Whether the appointment of the first respondent as Chief Masuka was made in accordance with customary law and the Traditional Leaders Act.","issue_type":"mixed","dispositive":"no","related_facts":"Dispute over rotational vs. seniority-based succession."}
• {"issue_text":"Whether the second respondent had locus to oppose the application on behalf of the third to sixth respondents.","issue_type":"procedural","dispositive":"no","related_facts":"Second respondent filed opposing affidavit for all."}

Background