Court nullifies 3 Blantyre City chieftaincies

The High Court of Malawi has nullified three chieftaincies operating in some townships within Blantyre City under the jurisdiction of Senior Chief Kapeni. Presiding Judge Rachel Sikwese delivered the ruling in Blantyre yesterday following an application by concerned residents of Zingwangwa Township who challenged a claim of chieftaincy by three individuals. Initially, hearing of the matter was scheduled to start yesterday, but the claimants argued that the defendants’ evidence, including witness statements and skeleton arguments, were inadmissible.

The judge agreed with the claimants, further noting that the documents were submitted on the day hearing was set to start which did not comply with procedural rules. “I will proceed to apply the rules of procedure by striking off the defence and enter judgement for the claimants,” ruled Sikwese. The claimants, through their lawyer Cassius Chidothe, said while the case, which started in 2024, was still before the court, Senior Chief Kapeni proceeded to install three defendants as chiefs.

Kapeni, who was added as a fourth defendant, is said to have installed Zizo Zingwangwa as group village head with Zingwangwa’s sisters, Annie and Esther, installed as village head Thawale and village head Chimwankhunda, respectively. Through lawyer Kondwani Kumitengo, the defendants unsuccessfully justified the legality of the submitted documents yesterday. In an interview after the ruling, Chidothe said they argued that legally there is no chieftaincy in townships or within the city; hence, were satisfied with the judgement.

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“The other challenge was that senior chief cannot exercise chieftaincy powers in that area because it falls under the Blantyre City Council,” he said. Malawi Law Society president Davis Njobvu said in an interview yesterday he could not comment on whether the judgement could affect other cities unless he had seen it. On the other hand, private legal practitioner Benedicto Kondowe said in a separate interview that the judgement might not be binding unless it was a decision of the Malawi Supreme Court of Appeal.

“Although a precedent has been set, another judge can depart from it,” he said. Chieftaincies in the country operate under the Chiefs Act and the Local Government Act.

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