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The High Court is being asked to determine the rightful heir to the throne of Chief Chitambo of Serenje following a petition challenging the legitimacy of the current occupant.
Million Chabala and Patrick Kalunga, who say they belong to the Nyendwa royal clan, petitioned the court seeking the removal of Boaz Nkandu Kunda from the throne.
The Attorney General was cited as the second respondent in the proceedings.
The petitioners are asking the court to declare Mr. Kunda’s ascension unlawful and order the withdrawal of government recognition granted to him as Chief Chitambo.
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They have also asked the court to direct the Royal Establishment Electoral College to reconvene and select a rightful successor in line with Lala customary law.
They are seeking an interim order restraining Kunda from exercising the powers of chief until the court resolves the matter.
In their court filing, the petitioners claimed Kunda illegally proclaimed himself Chief Chitambo despite not being in the recognised line of succession under Lala customary law.
They argued that the selection of a chief in the Chitambo chiefdom followed a structured process conducted through the Chief Chitambo Royal Establishment Electoral College.
“The selection process is conducted through the Chief Chitambo Royal Establishment Electoral College in accordance with established customary procedures,” the petition read.
The petitioners told the court that the government had previously requested chiefdoms to submit documented succession plans to formalise traditional leadership structures. They stated that the Chitambo chiefdom complied and submitted its succession plan to the Ministry of Chiefs Affairs in April 2014.
“The succession plan was confirmed by thumbprints and signatures of members of the Chief Chitambo Royal Establishment Electoral College and was acknowledged by government,” the petitioners said.
According to the court documents, the succession plan placed the two petitioners among the individuals eligible to ascend to the throne. However, they argued that Mr. Kunda’s installation did not follow the established procedures laid down by tradition.
The petitioners stated that after the installation of Senior Chief Kankomba Welala III, they raised concerns both verbally and in writing regarding the alleged irregularities surrounding Mr. Kunda’s ascension.
“If the illegal ascension is not addressed, the Chitambo chiefdom will suffer irreparably as disputes over succession will persist,” they argued.
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