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The Constitutional Court has allowed the Chitimukulu, Litunga and Kalonga Gawa Undi to join proceedings seeking the declaration and elevation of Chief Mukuni to the status of paramount chief.
A three-judge bench overturned a ruling by single judge Pixie Yangailo, who had dismissed the traditional leaders’ application to be joined to the petition.
Judges Martin Musaluke, Mulongoti and Gertrude Mukuwa Imbwae ruled that the three paramount chiefs had demonstrated sufficient interest in the matter and could be affected by its outcome.
The court said the recognition of a new paramount chief could have implications for traditional leadership structures beyond Southern Province, potentially affecting established customary systems across Zambia.
In its ruling, the court cited a previous case involving the Litunga, Kalonga Gawa Undi, Mwine Lubemba Chitimukulu and Nkosi Mpezeni against the attorney general, in which it held that paramount chiefs shared a common interest in the country’s traditional leadership institutions.
The case concerned matters relating to the succession, appointment and removal of chiefs.
The judges said the applicants represented established paramount traditional institutions and could provide valuable information on the historical processes and criteria used to recognise paramount chiefs in Zambia.
The court also noted that chiefs from Central and Eastern provinces had filed witness statements supporting the petition, indicating that the matter extended beyond the interests of traditional leaders in Southern Province.
It said excluding paramount chiefs while admitting evidence from junior chiefs would be inconsistent, given the potential impact of the proceedings on established traditional leadership structures.
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The applicants had argued that recognising another paramount chief could undermine existing traditional hierarchies and encourage junior chiefs to challenge established customary structures.
However, the court stressed that its decision concerned only the application to join the proceedings and did not determine the merits of the petition seeking Chief Mukuni’s elevation.
“We are satisfied, on the basis of the affidavit evidence and submissions that the Applicants have met the requirements of Order VII Rule 1(1)(b) as well as Order VII Rule 4(1)(a), (b), and (c) of the CCR,” the judges stated.
The ruling allows the three paramount chiefs to participate in the proceedings as interested parties, giving them an opportunity to present their position on the petition.
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