By Vincent Gunde
In the matter of Mtsinje Chieftaincy in Dowa district, Legal Practitioners of Mr. Paul Mtandika, Mtupila and Company wrote a letter to Dowa District Commissioner Stallich Mwambiwa reminding him of a long case involving the chieftaincy between their client and one, Mr. Benjamin Tenthani who now is illegally occupying the throne as Sub Traditional Authority Mtsinje.
The Lawyers in the letter dated 5th September, 2023 said the court ruled in favour of their client Mr. Paul Mtandika and this was communicated to his office for so many times reminding him that on 10th August, 2023 the Mtsinje family communicated to the District Commissioner about the matter too.
In the letter, the Lawyers expressed their concern that it appears no action is being taken by the office of the District Commissioner in the spirit of dealing with the matter civilly and expeditiously seeking an audience with the DC to establish why his office is not complying with the court order and the decision of the family to meet on 12th September, 2023.
The office of the District Commissioner summoned the two sides of Mr. Paul Mtandika and Mr. Benjamin Tenthani to come to the office on Wednesday 11th October, 2023 to discuss issues concerning the chieftaincy wrangles between Sub Traditional Authority Mtsinje and Group Village Headman Mtsinje.
The office of the District Commissioner reminded the family sides that when coming, they should bring all the court ruling documents in their possession and all those documents concerning the issue, but it has been established that the side of Mr. Paul Mtandika didn’t go to the DC’s office.
“Why holding discussions outside the court ruling, this is contempt of court, the court judgement is there that Mr. Paul Mtandika is the rightful heir to the throne,” that’s the family arguments.
It has also been discovered that the side of Mr. Benjamin Tenthani went alone to the office of the DC dividing themselves into two, with the other side representing as Mr. Paul Mtandika, while Inkosi Mponela opted not to accompany them a development which has puzzled the family of Mr. Paul Mtandika that the matter was discussed with the losing side.
On 24th September, 2015 High Court Judge Dr. Chifundo Kachale ruled that Mr. Paul Mtandika was the rightful heir to the throne of GVH Mtsinje, nullifies any purported appointment of Mr. Benjamin Tenthani as either GVH or Senior GVH Mtsinje and the elevation to Sub Traditional Authority Mtsinje.
Hon. Justice Lovemore Chikopa SC of the Malawi Supreme Court of Appeal ordered within 28 days all the records to be settled and lodged with a full appeal bundle to be at hand for the matter to qualify for hearing in the next session of the court, Mr. Benjamin Tentani did not lodge any complaint.
Sub Traditional Authority Mtsinje was one of the nine Group Village Heads of Dowa who were elevated to that position by former President Madam Dr. Joyce Banda in 2013 and what is very strange is that two of those chiefs-Mtsinje and Kasalika are not working, they are all under Inkosi Mponela-a Ngoni chief.
