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CHIEF MALIWA WINS AGAINST RIVAL FACTION

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MBABANE – The High Court has stopped the inner council of Maphungwane that carried out functions of Chief Maliwa Maziya’s council from interfering with the latter’s administration of the chiefdom.

This order was issued by Judge Mbutfo Mamba on Wednesday, pending the outcome of the matter, which the chief has reported to the Ludzidzini Royal Council. 

Members of the council that operated parallel to the chief’s inner council are Jackson Shongwe, Vusi Maziya, Jeke Tsabedze, Bafana Maziya, Aras Maziya, Phambanisa Maziya, Mpholi Ndzimandze, Duma Mngometulu, Johane Maziya and Madoda Maziya. 

They were respondents in the matter. The court also restrained and interdicted the respondents from calling and holding any meeting at Maphungwane Chiefdom in the Lubombo Region without the authority of the chief. They were further interdicted and restrained from allocating land for building or burial at Maphungwane without the authority of the chief.

The court also restrained and interdicted the respondents from intimidating and threatening the lawful administration of the chiefdom without violence. The respondents were restrained and interdicted from running a parallel administration at Maphungwane Chiefdom. 

Judge Mamba ordered and authorised the police to ensure that the order is executed and also to assist in serving it. The parties, according to the order, are to bear their own costs. 

Appointed

Chief Maliwa was appointed by the Ingwenyama as per an instrument dated November 4, 2010. According to the court, the authenticity of the instrument was not queried during the court proceedings, which means he is the chief of the area. He instituted the proceedings with Indvuna Morrison Mbuli. The other faction of Maphungwane recognises Vusi Maziya as the chief of the area. They are said to have attempted to establish and build an umphakatsi for Vusi in the area. The High Court stopped their attempt. 

Chief Maliwa, in his founding affidavit, stated that the respondents were running a parallel administration at Maphungwane in that they allegedly established a council that was conducting itself as the legitimate inner council by allocating land to people without consultation with him. 

The chief told the court that the respondents were calling and engaging the community in meetings and other projects without involving him as the legal authority in the area. 

As a result, he told the court that it had become impossible to administer the area because the community was defying his administration’s authority.

Charges

“Community members who are called to appear before my inner council to answer to charges laid against them refuse to come to the lawful umphakatsi claiming that their matters were being dealt with by the other council. Those who have been found guilty by my council are encouraged to defy the sanction meted on them,” submitted the chief.

Chief Maliwa said upon seeing that the respondents were interfering with his administration of the area, he reported their conduct to the traditional structures. In his April 28, 2018 affidavit, the chief said he was on his way to report the matter to the Ludzidzini Royal Council.

Chairman of the Ludzidzini Royal Council, Indvuna Lusendvo Fakudze, confirmed that the matter was reported to the Ludzidzini Council by Chief Maliwa and that it is pending.

Restricting

The chief then approached the court for orders restricting and restraining the respondents or anyone acting under their authority from interfering with his administration of Maphungwane. He also wanted the court to stop the other faction from holding meetings without his authority, allocating land for building and burial, threatening his administration and running a parallel administration. The order he was seeking was not a final one since the matter is pending at the Ludzidzini Royal Council.

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