Zvarikura Shumba & 9 Ors v Reuben Mupasi Marinda & 2 Ors

Key Issues

• {"issue_text":"Whether the High Court has jurisdiction to hear a dispute regarding the appointment of a traditional leader under section 283 of the Constitution","issue_type":"constitutional","dispositive":"yes","related_facts":"The plaintiffs challenged the appointment of Chief Chiwara; defendants argued the President has exclusive jurisdiction"}
• {"issue_text":"Whether the President has direct power to resolve disputes concerning traditional leaders or only acts on recommendations","issue_type":"law","dispositive":"yes","related_facts":"Interpretation of section 283(c)(i) and (ii) of the Constitution"}
• {"issue_text":"Whether the District Administrator had legal authority to appoint a Chief under the new Constitution","issue_type":"law","dispositive":"no","related_facts":"The District Administrator made the appointment on 6 December 2013 after the new Constitution took effect"}
• {"issue_text":"Whether the plaintiffs' review application is time-barred under Order 33 r 259","issue_type":"procedural","dispositive":"yes","related_facts":"The alleged irregularity occurred four years prior; no condonation applied for"}

Background