The Supreme Court has declared Chief Mpepo as the duly appointed paramount Chief Chitimukulu of the Bemba people.

This is in a chieftaincy wrangle where the late Paison Chilekwa Yambayamba, the senior chief Mwamba sued Ackson Chilufya Mwamba the chief Mpepo over succession to the throne of paramount Chief Chitimukulu.

On March 31, 2006, the Lusaka High Court had declared senior chief Mwamba as the rightful and legitimate heir to the Chief Chitimukulu throne.

The High Court verdit displeased Chief Mpepo hence the appeal to the Supreme Court.

Supreme Court Judge Sandson Silomba has opted to overturn and set aside the High Court ruling on grounds that Chief Mpepo was duly appointed paramount Chief Chitimukulu by the ‘Bashilubemba’.

Justice Silomba says he is aware that chief Mpepo has by Statutory Instrument been recognized as paramount chief Chitimukulu.

He contends that the Bashi Lubemba have the final say over who takes over as Chief Chitimukulu and are not restricted to the system of ladder climbing and seniority.

Justice Silomba’s opinion is that it is not the duty of the Court as the High Court seemed to imply, to choose or impose a chief on a community.

He adds that in the case of the Bemba customary law of succession, it was agreed by the parties that a chief below Chief Chitimukulu was chosen or appointed by the paramount chief-in-council.

The Court said that the position of senior chief Mwamba was of very strategic importance in deciding who the next Chief Chitimukulu should be, although it may not be the only criterion.

Mr. Justice Silomba stated that when the choice of a Chief Chitimukulu is in issue, the body mandated to make the appointment is known as ‘bashilubemba’

Mr. Yambayamba had claimed that for one to aspire to become paramount chief Chitimukulu, under Chandamukulu’s chieftainship, one had to start as chief Mpepo, before ascending to chief Nkolemfumu and later senior Chief Mwamba which succession line was called the ‘Kasama side’

[ZNBC]
Yambayamba was declared rightful heir to the throne by the high court but died shortly after the judgement.

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20 COMMENTS

  1. Can the damn Supreme Court then decide when president Mwanawasa will cease to be president? i mean how long will it take for us to wake up and know that a stroke is not like Malaria, the man had a major stroke, for those who want to learn what a major stroke would look like go to google or webmd and read what a major stroke is!
    waiting for him to recover and be able to lead a nation as he did would be a miracle and miracles at the age of Levy rarely happen especially if the whole nation is prayin for the miracle.

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  2. The supreme court is setting a bad precedence. As it was mentioned rightly, for one to aspire to become paramount chief Chitimukulu, under Chandamukulu’s chieftainship, one had to start as chief Mpepo, before ascending to chief Nkolemfumu and later senior Chief Mwamba in other words, the late Yambayamba was the rightful person for the throne. Because he died then whoever succeded him will have to be the next Chitimukulu. Corruption shouldnt be encouraged even in the chiefdoms.

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  3. No wonder we are seeing very little development in our villages. Politics have been made so lucrative that people are disregarding their rich succession procedures and allow political manipulation.

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  4. Silomba is Namwanga from Isoka. This guy used to work at ministry of lands with my dad. When my dad retired, Silomba wanted the council house in Kabwata where we stayed, he almost kicked us out, we fought a legal battle with him and won. Amazing how years have passed and he is now a judge.

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  5. I gues u an innocent lad, giving yourself away so easily, the humble shall inherit the earth surely. Keep it up

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  6. This is why chiefs are no longer respected by their subjects, why should the supreme court decide who should be the chief? Imfumu shesu nashilufya intambi and they are just now lost completely. Please mwefikolwe try to preserve and guard our traditions jealously. Government must also try to keep away from the affairs of the chirfdoms so that they too can make their own decisions according to their values and traditions.

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  7. ‘Mwefikolwe’ sounds like an insult. But if It is coming from a bemba about bembas then it is not necessarily an insult but a confirmation of fact. Interesting fikolwe.

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  8. 11 were did you want the issue to be resolved from my mate. the house of chiefs is a tootless bulldog.it only acts where matters of land disputes are concerned. i have attended their debates and i should they are quite boring.

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  9. let him enjoy the loans and respect from his people.such issues don’t need to get to court.resolve them internally as families.

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  10. #2, Pls check your statements before you put them thru. The supreme court cannot do anything right now about replacing LPM. It will only act when the issue is taken there for adjudication. It is up to Cabinet to make a recommendation to the CJ, and basing on the recommendation of the 3 medical personnel, only then can the CJ decide. Unfortunately it seems the constitution is silent as to how long we should wait before it recommends to CJ.
    Lu shwile

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  11. #12 Anonymous,Please its not fikolwe but ifikolwe and really its not an insult. Natwishiba you think we are talking about monkeys!

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  12. With due respect the law remains supreme but us from the Ngoshe Mukote root mourn as we see our rich culture being lost. Ku mfumu Chitimukulu tule kunkula. Umuchinshi nakuli bashilubemba. We thank God because every leadership comes from Him.

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  13. Kumfumu ba Chitimukulu nakunkula, umucinshi kuli bashilubemba. I am so disappointed and embarrassed by all the relevant authorities in the Bemba kingdom for failing to resolve the succession issue. Bemba are not known for such problems as succession because they have clearly outlined structures.

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  14. #18 mulatiwa plz go and sit on the toilet b4 u talk abt bembas,u knw nothing abt bembas shut your big rotten mouth.Dont 4get tht to appoint someone to hold such a great position there z alwys talks so stick to western province and live us to deal with our province kakwindiiiiiiiiii

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