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THE Ndola High Court has nullified the installation of Ted Chisavya Muwowo as Chief Muyombe of the Bayombe people in Mafinga District in Muchinga as it was done in violation of the Uyombe customs and traditions.
Mr Muwowo was installed as Chief Muyombe in 2011 after winning an election to take over from Eliwell Musungambumba Muwowo who reigned for 32 years.
High Court Judge Petronella Ngulube declared Mr Muwowo’s installation null and void because his election was held contrary to
the practices, customs and traditions of the Uyombe people.
This is in a case in which Abraham Muwowo, the first plaintiff and Winston Muwowo the second plaintiff, who is the chairperson of the Uyombe Royal establishment committee, on September 20, 2012, filled a writ of summons to declare the installation of Ted Chisavya Muwowo as Chief Muyombe null and void.
The dual claimed that the installation of the chief was done in violation of the Uyombe customs and traditions.
According to the Uyombe tradition, the succession to the throne rotates among the three chiefly family branches namely Njera, Chipanga
and Chapyoka.
In this case, Ted Chisavya belongs to the Chimbilima family which is a sub branch of the Njera family where the late chief belonged.
Ms Justice Ngulube in her judgment said the defendant was selected as chief after an election that was held contrary to the practices,
customs and traditions of the Uyombe people.
She said the defendant was not entitled to the throne of the Chief Muyombe as the Njera royal branch where he belonged was not eligible
to be on the throne this time round and that he was not selected by the Banangwa Council as per custom and tradition.
“From the evidence, it is clear that there was a departure in the selection of the defendant. Firstly, the rotation principle was set
aside and that is why all the family branches nominated candidates.
Secondly, there was an election which was wrong.
“Even if the defendant is a Muwowo, he is not eligible to ascend to the throne of Chief Muyombe as the Njera family branch which he
belongs to is not the one that is next in line according to the rotation system of the Uyombe chiefdom. He therefore does not qualify
to be Chief Muyombe,” she said.
Ms Justice Ngulube said she declared the chieftainship of Muwowo null and void but said it was not for that Court to decide that the
plaintiff be installed as Chief Muyombe in place of the defendant.
She said the Bayombe Royal Traditional Council or Electoral College shall sit to select and install a chief as Chief Muyombe in accordance with the well known and established practices, customs and traditions of the Bayombe people.
