Court stops Kapeni elevation
Estranged members of the Kapeni family have sought a court order to stop President Joyce Banda from elevating Traditional Authority (T/A) Kapeni to the position of senior chief as announced earlier this month.
The President was expected to instal Benson Mtuwa as Senior Chief Kapeni on Saturday after elevating him at a rally she addressed at Nyambadwe ground in Blantyre on December 8 2013.
But the decision to elevate Mtuwa riled Agnes Demula, a member of the Kapeni royal family which was granted a High Court injunction in Blantyre last week, effectively restraining the President from installing Mtuwa.
Demula contends that Mtuwa is not the rightful heir to the throne. The Kapeni chieftaincy is embroiled in controversy since 2010.
High Court Judge Duncan Mwaungulu directed that the process of elevation be stopped until the court sits on January 14 2014 to hear from both parties.
“It is hereby ordered and directed as follows that an injunction order is granted restraining the defendants by themselves their servants, agents or whosoever from elevating Benson Mtuwa as senior chief Kapeni up to 14th day of January 2014 when the court will hear both parties with notice to grant an interim injunction order,” reads the order.
The order warns the Attorney General and Director of Chiefs that they risk being found guilty of contempt of court and might be sent to prison or have their assets seized if they disobey the court order.
Speaking in an interview, Norman Kapeni Banda who is also village head Kumwima One, said Mtuwa was installed chief amid unresolved court cases, which the aggrieved party filed early 2010.
“The voting of Mtuwa to T/A Kapeni was dubious because it was done in the DC’s office unlike the normal process of the open air ground as per the procedures,” said Banda.
Demula had on several occasions tried to wrestle the title from Mtuwa, but the court rebuffed her on technicalities.
In 2010, armed police were called to calm the situation during Mtuwa’s installation as T/A Kapeni when Demula’s sympathisers disrupted the process after invading the venue of the ceremony and confronted government officials who included former Minister of Internal Affairs and Public Security Aaron Sangala, his Principal Secretary Peter Kaphaizi and district commissioner Charles Makanga.
