High Court stops incumbent T/A Masula from functioning
The High Court in Lilongwe has ordered Sefasi Mathews Jonathan Masula to stop exercising the functions of Traditional Authority (T/A) Masula of Lilongwe until the court makes a determination.
This follows Sefasi’s installation as T/A Masula in October last year in the face of a High Court ruling that the Lilongwe district commissioner (DC) acted unreasonably in submitting his name for approval and installation.
Sefasi had been fighting with his brother Misheck (not from the same biological mother) over the rightful heir to the throne since 2009 following the death of T/A Masula, their father.
According to the order of injunction made by High Court judge Ivy Kamanga dated June 18 2015, Masula, his servants and agents are restrained from exercising the roles of T/A Masula.
Reads the injunction in part: “If you disobey this order, you may be found guilty of contempt of court and may be sent to prison or fined or your assets may be seized.”
The judge observed that Sefasi’s nomination was irregular as it did not comply with the Ngoni tradition of inheritance of chieftaincy.
According to Ngoni tradition, the heir to the chieftaincy is supposed to be a child born from a mother who had lobola (bride price) paid.
But the late T/A Masula, who was Lemison Masula, is reported not to have paid lobola to Sefasi’s mother.
“As at now, legally, Sefasi Jonathan Masula is not the son of the late Chief Masula who was Lemison Masula. He [Sefasi] is, therefore, not entitled to hold the office of Chief Masula because Lemison Masula was his uncle.
“His appointment does not comply with Section 4(2)(a) of the Chief’s Act. The recommendation from the district commissioner to the President for the President to endorse Sefasi Jonathan Masula was absurd,” reads in part Kamanga’s judgement.
Former president Joyce Banda was expected to install Misheck as T/A Masula on October 30 2013, but Sefasi got an injunction against the installation.
But despite the ruling, Sefasi was later installed as T/A Masula on October 21 2014 by Minister of Local Government and Rural Development Trasizio Gowelo.
