27 December 2012

Zambia: Dethroned Chief Nkana Loses Application

THE Kitwe High Court has dismissed an application by dethroned Chief Nkana to stay the judgment that declared that he was not validly elected as chief.

High Court Judge Isaac Chali rejected to stay the judgment, delivered on December 14, this year in which he ruled that Godfrey Shamanena was not properly installed as Chief Nkana of the Lamba people in Lufwanyama District.

Shamanena had sued Paul Lubunga, Edward Mabwahe, Evaristo Chilongoshi and Dault Chibalenga for allegedly interfering in his functions as chief.

The court, however, ruled that Shananena was not properly selected or installed as Chief Nkana in line with the Lamba custom and tradition.

The court further declared Chief Nkana's throne vacant.

But in his application for a stay of execution of Judgment, Shamanena insisted that he was properly selected or installed as Chief Nkana.

He stated that he was dissatisfied with the judgment and has since filed an appeal to the Supreme Court against the decision.

Shamanena said the vacancy of the throne would have detrimental effect on the development of the chiefdom, peace and good order of the chiefdom.

"I am dissatisfied with the said judgment and I have since filed an appeal to the Supreme court, if the Judgment is not stayed and another person put in place it will not only prejudice my appeal, but it will have an irreparable damage to my appeal," he stated.

In his notice of appeal, Shamanena said the Judge erred in law and fact in declaring the throne vacant, when in fact there was a valid recognition order of him as Chief Nkana pursuant to Statutory Instrument (SI) number 59 of 2002.

He said the judge did not deal with or make a decision on the validity of the SI Number 59 of 2002, recognising him as Chief Nkana.

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