𝗦𝘂𝗽𝗿𝗲𝗺𝗲 𝗖𝗼𝘂𝗿𝘁 𝗗𝗶𝘀𝗺𝗶𝘀𝘀𝗲𝘀 𝗞𝗮𝗺𝘄𝗮𝗻𝗮 𝗖𝗵𝗶𝗲𝗳𝘁𝗮𝗶𝗻𝗰𝘆 𝗔𝗽𝗽𝗲𝗮𝗹, 𝗢𝗿𝗱𝗲𝘀 𝗧/𝗔 𝗗𝘇𝗼𝗼𝗹𝗲 𝘁𝗼 𝗔𝗽𝗽𝗼𝗶𝗻𝘁 𝗡𝗲𝘄 𝗩𝗶𝗹𝗹𝗮𝗴𝗲 𝗛𝗲𝗮𝗱

𝗠𝗦𝗖𝗔 𝗖𝗶𝘃𝗶𝗹 𝗔𝗽𝗽𝗲𝗮𝗹 𝗡𝗼. 𝟭𝟲 𝗼𝗳 𝟮𝟬𝟮𝟯

𝗝𝗮𝗺𝗲𝘀 𝗖𝗵𝗶𝗹𝗼𝗻𝗱𝗼𝗹𝗮 𝗦𝗮𝗻𝗴𝗮𝗹𝗮 (𝗔𝗱𝗺𝗶𝗻𝗶𝘀𝘁𝗿𝗮𝘁𝗼𝗿 𝗼𝗳 𝘁𝗵𝗲 𝗘𝘀𝘁𝗮𝘁𝗲 𝗼𝗳 𝗧𝗲𝗯𝘂𝗹𝗼 𝗦𝗮𝗻𝗴𝗮𝗹𝗮 (𝗗𝗲𝗰𝗲𝗮𝘀𝗲𝗱)
𝗔𝗻𝗱
𝗕𝗼𝗹𝗶𝗻𝗴𝗼 𝗗𝘇𝗶𝗺𝗯𝗶𝗿𝗶 (𝟭𝘀𝘁 𝗥𝗲𝘀𝗽𝗼𝗻𝗱𝗲𝗻𝘁)
𝗧𝗵𝗲 𝗗𝗶𝘀𝘁𝗿𝗶𝗰𝘁 𝗖𝗼𝗺𝗺𝗶𝘀𝘀𝗶𝗼𝗻𝗲𝗿 (𝟮𝗻𝗱 𝗥𝗲𝘀𝗽𝗼𝗻𝗱𝗲𝗻𝘁)

The Supreme Court of Appeal sitting in Mzuzu has dismissed an appeal in the Kamwana chieftaincy dispute, ruling that the matter must now be resolved by Traditional Authority (T/A) Dzoole of Dowa district, as provided for under Section 9 of the Chiefs Act.

The appeal was filed on several grounds, including that the High Court wrongly relied on a forged and later-withdrawn affidavit that had been attributed to Senior Chief Dzoole in support of the first respondent's claim to the Kamwana throne. The appellant argued that the High Court failed to consider authentic, uncontested evidence supporting his claim and wrongly considered instructions from the Secretary for Local Government on a chief’s stipend that were later revoked. He also challenged the costs order against him as a legally aided litigant.

The appellant had sought to be declared the rightful heir to the Kamwana throne, an order compelling the authorities to recognise him as Village Headman Kamwana, and a permanent injunction barring interference in his duties. He further requested that he not be condemned to pay legal costs.

However, the Supreme Court found that the appeal served only the interests of Mr. Tebulo Sangala, who is now deceased as he commenced the matter on his own behalf and not on behalf of the royal family where he comes from. The court found that the power to appoint a village Headman reverts to TA Dzoole. The Court ordered that T/A Dzoole make the appointment “as soon as possible” and stated that the previously granted stay order remains in effect until the new appointment is made. Both parties were ordered to bear their own legal costs.

The matter, heard and determined on 10 July 2025, was presided over by a full bench of the Malawi Supreme Court of Appeal, consisting of His Lordship the Honourable Chief Justice Rizine Robert Mzikamanda, SC, His Lordship the Honourable Deputy Chief Justice Lovemore Chikopa, SC, and Honourable Justices of Appeal Frank Kapanda, SC, Healey Potani, SC, John Katsala, SC, Charles Mkandawire, SC, Sylvester Kalembera, SC, Rowland Mbvundula, SC, and Ivy nyaKaunda Kamanga, SC.