Court ‘summons’ Litunga

Judge Mallet; Hammer
Judge Mallet; Hammer

THE Lusaka High Court has ordered the Litunga of the Barotseland to be joined to a matter where Chief Chiyengele of the Mbunda speaking people of Western Province has obtained an injunction restraining the Litunga’s Royal Establishment from interfering with his chiefdom.
High Court deputy registrar Charles Kafunda in his ruling following an application by the respondent in the matter to have the Litunga joined to the proceedings, said it will be prudent to have the Litunga included in the Court process.
“It is ordered that the application to join the Litunga Lubosi Imwiko II to these proceedings as the fifth defendant be and is hereby granted and that costs be in the cause,” he said.
Chief Chiyengele in his application for a joinder contended that the Litunga should be part of the court proceedings as he had a significant interest in this matter and was the one who authored a letter to line ministries advising them to dismiss him as chief Chiyengele.


The Chief sued indunas Tawela Akapelwa, Mwangala Akapelwa, Steven Nawa Matongo and Simakando Siyunda for misleading the Head of State to revoke his recognition as chief.
“That arising from the foregoing, I reasonably believe that the interest of justice would be better served if the said Litunga is joined to these proceedings so that he can come to court and explain under what authority he purported to have dismissed me as chief,” Chief Chiyengele said.
Chief Chiyengele asked the Court to grant him leave to apply for judicial review against the decision of revocation of his recognition as chief.
Chief Chiyengele said the action by the President to degazette him as chief was not in line with section four and five of the Chiefs Act.
“I reasonably believe that the President acted outside the jurisdiction of the law by allowing himself to be influenced by the Lozi Royal Establishment in demanding for the withdrawal of my recognition as Chief Chiyengele,” he said.
He said the President acted illegally in proceeding to withdraw his recognition based on the request of the Litunga when the Chiefs’ Act did not give any powers at all to the Litunga to demand the withdrawal of recognition of any duly recognised traditional ruler in Western Province.
Chief Chiyengele asked the court to quash the decision by President Edgar Lungu to withdraw recognition of his chieftaincy on grounds of illegality, procedural impropriety and irrationality.
He was also seeking an order prohibiting the Litunga and the Royal Council (Kuta) from doing anything that would give effect to the decision.