HARARE- Self-proclaimed King Munhumutapa Timothy Chiminya, who was arrested earlier this week, will spend the Christmas and New Year holidays behind bars. This comes after Magistrate Sheunesu Matova ordered the 44-year-old to undergo a mental health evaluation by two state-appointed doctors. Chiminya is expected to return to court on January 7, 2024, after the assessment, which will determine if he is fit to stand trial.
Chiminya was arrested on Monday and appeared in court Wednesday, facing charges of undermining the office of the president. The court proceedings revealed that Chiminya had been actively touring the country, where he allegedly installed chiefs in several regions, including one in Chirumanzu, as part of his efforts to assert his claim to the throne of the ancient Kingdom of Munhumutapa.
Magistrate Matova committed Chiminya to remand at Harare Central Prison, emphasizing that his case could only proceed once experts confirm his mental stability. Chiminya, who asserts he was installed as the legitimate King Munhumutapa by his clan and endorsed by other traditional leaders, has filed a private bill in Parliament seeking to amend the Constitution’s provisions for appointing chiefs. He claims a 2022 High Court ruling, which he believes recognized his position, grants him authority over traditional leadership across Zimbabwe.
The government, however, views Chiminya’s actions as a violation of the law. Section 283 of Zimbabwe’s Constitution and the Traditional Leaders Act place the authority to appoint or remove chiefs firmly in the hands of the President, based on recommendations from the National Council of Chiefs and the Minister of Local Government. The state believes that Chiminya’s attempts to install chiefs and regulate traditional practices undermine the established legal framework.
Chiminya’s legal team, led by Advocate Gift Mtisi from Zimbabwe Lawyers for Human Rights, contested the mental health evaluation, arguing that Chiminya had shown no signs of mental instability during the arrest or in interactions with his lawyer. However, the prosecution, represented by Takudzwa Jambawu, pointed to concerns raised by the arresting officers, who indicated that Chiminya may be mentally unfit. In light of these concerns, the court ruled that a mental health assessment was necessary.
In his defense, Mtisi highlighted Chiminya’s positive contributions to the nation’s cultural heritage, including an ongoing educational program aimed at teaching students about traditional values. He also presented documents showing that government ministries, including the police, had acknowledged Chiminya’s work, underscoring his peaceful and respectful nature.
However, the prosecution argued that Chiminya’s charges, which include undermining the presidency, are serious, and his release would be inappropriate. The Investigating Officer further contended that Chiminya had displayed erratic behavior during his arrest and was likely to continue acting outside the law if freed.
As the case unfolds, all eyes are on the mental health evaluation, which will play a crucial role in determining whether Chiminya can be tried for his alleged offenses. In the meantime, ‘King Munhumutapa’ will remain in remand prison, with his next court appearance scheduled for the first week of January.
