Supreme Court Dismisses Appeals in Mwamlowe Chieftaincy Case

The Supreme Court of Appeal sitting in Mzuzu has dismissed two appeals arising from a long-standing chieftaincy dispute in Rumphi District over the succession of Traditional Authority Mwamlowe.

The matter, heard and determined on 8 July 2025, was presided over by a full bench of the Malawi Supreme Court of Appeal, consisting of His Lordship the Chief Justice Rizine Robert Mzikamanda, SC, His Lordship the Deputy Chief Justice Lovemore Chikopa, SC, and 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.

The appeals were brought by Fanwell Mwamlowe and Edgar Mwamlowe, the appellants, who challenged the nomination of Mabvuto Kachipapa Mwamlowe as acting Traditional Authority Mwamlowe. Separately, Mabvuto Kachipapa Mwamlowe, third respondent, challenged a 2016 High Court ruling that declared that the chieftaincy of Traditional Authority Mwamlowe should rotate among three families. In that earlier ruling, delivered by Hon. Justice Dingiswayo Madise, it was also held that the rightful successor to the chieftaincy must originate from the Njokofwano family, one of the three recognized lineages in the Mwamlowe Chieftaincy, alongside the Kachipapa and Chinkhuwire families.

After hearing both sides, the Supreme Court noted that no formal administrative decision had been made appointing anyone as Traditional Authority Mwamlowe.

Referring to section 4 of the Chiefs Act, the Court held that no cause of action had yet arisen, rendering the matter premature for determination by the High Court.

The Court further clarified that any legal challenge concerning the appointment of a chief must be pursued through judicial review of an actual administrative decision, a process which had not been undertaken in this case. The Court also directed that each party should bear their own legal costs.

The nearly decade-long legal battle, has seen extended litigation involving the Rumphi District Council, Paramount Chief Chikulamayembe, and multiple members of the Mwamlowe family.