By Farai Marapira
The Ndebele Chieftainship succession code follows the primogeniture system. This succession model prescribes that succession follows from the father to his eldest son, chieftainship, is therefore, a first born's birthright. Matters in the Ndiweni chieftaincy have, however, pointed to an unprecedented flouting of these cultural rules.
Upon the passing on of the Late Chief Khayisa Ndiweni in 2013, his eldest son Joram, the rightful heir, had written a letter to the D.A (Umguza) stating that he would not be coming back soon to Zimbabwe as had matters to wrap up in the U.K and had appointed Mkhanyeli Khumalo as Acting Chief until his return as per custom.He had further requested that all appointment matters be suspended until he came. Despite this call, family members proceeded to nominate another person for chief.
According to Ministry Records of November 2013, Joram Khayisa Ndiweni, the eldest son of the late Chief had expressed his interest in becoming chief but lost favour of his family based on him having been in the United Kingdom for 41 years.This is despite the fact that Felix had himself been in the United Kingdom for 31 years. Furthermore, they were angry that he had married a German national and wanted him to marry a girl of their choice. Therefore, because of the above, the family began overtures to strip him of his right to Chieftaincy.
Following this, Joram made a High Court application HC1894 contesting appointment of his younger brother ahead of him. the Ministry then shelved the installation of Felix Ndiweni pending High Court determination and the representations that other family members had made against the unprocedural appointment of Felix Ndiweni. With the successful use of the mother's position, Felix Nhlanhla Ndiweni was appointed Chief on 9 June 2014. His mother, Agnes Ndiweni, as widow to the late chief, Khayisa Ndiweni, wrote an affidavit defending his appointment dated 11 August 2014 stating that the departed had chosen his second son Felix to be the substantive Chief ahead of his brother. She said that as a spouse it was her duty to ensure that the late chiefs wishes were fulfilled.
Mr Thokoza Manyathela, who is Chairperson of the Nhlambabaloyi Clan Chieftainship, which for the past 200 years has been a custodian of the Ndiweni-Tambo Chieftainship weighed in on the matter and said, " According to our tradition, there cannot be two princes in a kingdom. There is no sun which will rise before the other has set". He went on to state that uMama uMasuku (Nrs Ndiweni) and other mentioned ladies are not appropriate persons to choose and appoint a chief in conjunction with government, he said, "A chief is born and it is a birthright". Furthermore, primogeniture in its simplicity pointed that Joram was the only on who qualified to be Chief not either Felix Ndiweni or Douglas Ndiweni (the last born).
In Addition, Mr Thokoza Manyathela said Joram's younger brothers could only be offered the position by Nhlambabaloyi Clan Custodians if:
1:The heir apparent declines chieftaincy (Joram did not decline).
2:Joram's first born son declines
3:Any of Joram's sons declines
4:If either Joram or any of his sons in his household are found wanting by the law and have criminal charges against them. Joram Ndiweni and his household do not satisfy any of the requirements that allow the ascension of Felix Ndiweni.
The government of President E.D. Mnangagwa has made strides to ensure a remedy to this cultural contravention. In March 2019, the Ministry of Local Governance had recommended to His Excellency that Felix be removed as substantive Chief Ndiweni. However, the Attorney Generals Office had declined to process the removal citing irregularities. On the 25th of June 2019, the Chiefs Council met and stated that the law stipulates that the appointment of traditional leaders must be done in accordance with the prevailing culture, customs, traditions and practices of the communities concerned (Section 283 of Constitution).In the New Dispensation, only rightful Chiefs will sit on the throne.