By GRACE CHAILE LESOETSA
THE Lusaka High Court has denied Paramount Chief Kalonga Gawa Undi’s request to have the matter where a senior member of the Chewa royal establishment is challenging his appointment to the throne, dismissed.
In this case, Mr Christopher Phiri has sued Mr Frederick Daka, the current Kalonga Gawa Undi Mukhomo the fifth, seeking an order that the chieftainship should come from the senior royal family instead of the junior royal family.
Mr Phiri wants an order that Mr Daka’s appointment is null and void for irregularity and an order that the Chewa royal establishment selects another person from the senior lineage.
He claims that the current Gawa Undi has failed to properly organise the Chewa Kingdom.
Gawa Undi of the Chewe people reigns over parts of Zambia, Malawi and Mozambique.
On December 16, last year, Gawa Undi filed summons of an order to dismiss the matter for want of prosecution.
Mr Phiri opposed the traditional leader’s application stating that the matter was scheduled to come up for hearing on May 11, 2020 but did not take off due to the Covid-19 pandemic.
He said that he had been waiting hear of a return date from the court for order of directions to file a list of documents, which documents were already prepared by his lawyers.
Judge Mwila Chitabo in his ruling dated March 24, 2021, admitted that the pandemic affected the smooth management of court business and the need for compliance with health regulations promulgated by government to combat the pandemic.
He said it is of the reasoning that the order for directives which were to be issued on May 11, last year could not be issued as the court did not seat.
Justice Chitabo said that there was no inordinate delay or scheme not to prosecute Mr Phiri’s claim.
“The defendant’s (Mr Daka) application to dismiss action for want of prosecution is denied,” ruled Judge Chitabo.
