Gelane can run KoNtshingila without interference - court
MBABANE – The acting Chief of KoNtshingila, Gelane Simelane, obtained a final order stopping Phosho and Cina Mhlanga from interfering in her administration of the KoNtshingila chiefdom at Mooihoek.
They were also stopped from convening community meetings at Mooihoek without her authority. The order was issued by High Court Judge, Mumcy Dlamini, yesterday. She further interdicted the installation of Phosho Mhlanga as Chief of Mooihoek.
The order was obtained after Phosho and Cina did not oppose the application which was served on them on June 7, 2012. They allegedly refused to accept the application when service was effected on them. Simelane was represented by Vusi Kunene from the office of the Attorney General.
An interim order, stopping Mhlanga’s installation as chief was issued by the same judge on June 8, 2012. The respondents were expected to file their replying papers, which they did not do.
Cina was cited in the papers as Phosho’s elder brother and the man behind Phosho’s installation as Chief of Mooihoek. Simelane said the area in question has been under KoNtshingila administered by Chief Mabonya.
Simelane had reported the matter to the relevant authority, the Ingwenyama in Libandla, before she launched the present application. Initially, she sought an interim order, pending finalisation of the matter by the authorities concerned.
"Chiefs are appointed by the Ingwenyama in terms of Section 233 of the Constitution of Swazi-land," Simelane alleged.
The acting chief said KoNtshi-ngila is a huge chieftaincies which comprises of several chiefdoms. She said the principal chiefdom is KaGwegwe. The other chiefdom is Embangweni which also, has several such areas such as Lawuba, Mooihoek, Ekuvukeni, Mhambe-hlala, KaHhihliza, kaShiba and KaMavimbela.
"I am the acting chief of KoNtshi-ngila. I was appointed to this position by the Lusendvo (family counsel) of KoNtshingila after the death of my brother, Chief Mabonya Simelane. Following my appointment as chief, I was formally introduced to, and endorsed by the iNgwenyama," Simelane stated.
Simelane further told the court that she had a clear right to exercise the powers and functions of chief over the sub areas that make up KoNtshingila chiefdom. She said such power was derived from Swazi Law and Custom.
"The respondents are infringing my right to administer Mooihoek by purporting to install a chief of that area, thereby confusing residents of the area and undermining my authority," Simelane said.
The Senate President told the court that the unlawful expansionist moves by Posho and Cina were at their infancy and were creating uncertainty among residents of Mooihoek as to who the competent authority of the area was, and would create the impression that Mooihoek was not under KoNtshingila chiefdom.
Judge Dlamini granted Simelane the orders as prayed.
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