A chieftaincy court case involving Group Village Head Chibwana Nsamala of Balaka District has dragged for 27 years, with no light of justice at the end of the tunnel. In the case, Annie Makaniko, backed by Traditional Authority (TA) Kalembo—who are first and second defendant, respectively— argue that Twaha Msamala, Joligi Kadango and Rashid Nembo— first, second and third claimant, respectively— snatched the chieftaincy of group Village Head Chibwana Msamala from Makaniko. The case is at a level where witnesses have to submit evidence to the court.
It has gone through several adjournments and three injunctions since 1996. The case appears in the High Court of Malawi as Civil Cause Number 201 of 2020 before Judge Michael Tembo. Chronology of events shows that a commission of inquiry on the chieftaincy of Group Village Head Chibwana Msamala was set on July 29 1996 and that, on October 1 1996, a letter was issued, instructing TA Kalembo to facilitate the installation of Kinolosi Grant Mtupa as Group Village Head Chibwana Nsamala.
Skeletal arguments, as filed by Lincoln Edwards & Company on March 20 2023, indicate that Makaniko is the rightful heir to the throne because she is a niece to the deceased chief, as opposed to Twaha Msamala, who is the son to chief Msamala. The skeletal arguments also indicate that, according to the customary law of the Yao tribe, a niece or nephew of the demised chief is the lawful and rightful heir to the throne and not son or daughter. According to the skeletal arguments, due to lack of adequate nieces and nephews who could ascend to the chieftaincy as well as hostile environment, Apiti Kulayaga Liwewe, who is sister to TA Nsamala, who settled at Chilanga headquarters, asked him to offer him a male child to act as candidate for the chieftaincy until the time they would have sufficiently reproduced to have a chain of nephews and nieces to choose among themselves a rightful successor of group Village Head Chibwana Nsamala.
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Later, the family had reproduced and had adequate nieces and nephews, such that it chose Kinolosi Grant Mtupa as successor to the throne. When he died, the family chose Annie Makaniko to replace her. But the other family members in Bazale Village argue that the son of TA Chibwana Nsamala should take over the chieftaincy of Group Village Head Chibwana Nsamala.
“This position is wrong in law. It is clear that such a person could never have the support of the majority of the people of Chilanga headquarters, the area of jurisdiction of the office in dispute. Such a person will be a total stranger to the inhabitants of Chilanga,” the skeletal arguments filed by Lincoln Edwards & Company read. But lawyer for the claimants, Cassius Chidothe of Chidothe, Chidothe & Company, argued that, on December 10 2009, the court invalidated the installation of Kinolosi Grant Mtupa as Group Village Head Chibwana Msamala and determined that Amida Msamala was the rightful heir to the chieftaincy.
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