Brothers rebuked for ruthless land takeover

Tendai Gukutikwa
Weekender Reporter
TWO men from Mutasa were sternly rebuked by Chief Mutasa last Saturday after allegedly trying to reclaim land their stepmother had surrendered to settle a medical debt despite reportedly failing to help her with hospital expenses at the time.
The emotionally charged dispute unfolded at Chief Mutasa’s community court, where Janet Nyakuchena, accused brothers, Shingi and Itai Mbawa of attempting to forcibly reclaim land that had been legally transferred to her more than a decade ago.
Nyakuchena said she acquired the property in 2014 after financially assisting their bedridden stepmother, Rosemary Mbawa, who had been unable to pay mounting hospital bills.
Chief Mutasa condemned the men’s actions as inhumane, accusing them of neglecting their stepmother during her illness, only to resurface years later demanding control of the land she had used to settle her debt.
“Where were you when this woman was lying in hospital and desperately needed help? You abandoned her during her suffering, yet now you suddenly want to fight over the very land she used to save her life. That is not humanity. That is greed,” the chief declared.
Nyakuchena said she obtained a bank loan to cover Rosemary’s medical expenses, paying a total of US$1 200.

Shingi Mbawa
Shingi Mbawa

In return, Rosemary transferred a piece of family land to her, which Nyakuchena said she earmarked for her son, then still in school.
She emphasised that she followed all local procedures at the time, including paying levies and taxes to the traditional leadership.
For nearly a decade, she said, there was no dispute over the arrangement — until 2023, when Shingi and Itai allegedly moved onto the land and began demanding that she vacate.
To support her case, Nyakuchena produced a letter written by Rosemary, who was absent from the proceedings, affirming the transfer.
The letter presented to the court stated that Rosemary had sold the land to Janet Nyakuchena and did not wish to reclaim it.
When pressed on why he had failed to assist his stepmother financially during her illness, Shingi Mbawa was unable to provide a clear answer.
“She was with her daughters — we did not even know where she went. All we know is that the land belongs to the family because she was our father’s first wife. If she has no sons, the land automatically becomes ours. As a result, she cannot sell it willy-nilly,” he argued.
The dispute escalated after the current village head, Joseph Mbawa, intervened and ruled that the land sale was invalid, insisting the property belonged to the wider family.
Defending his decision before the court, Joseph said the family was prepared to reimburse Nyakuchena.
“As the village leadership, we concluded that the land should not have been sold because it is family land,” he explained.
Chief Mutasa, however, sharply criticised the village head for interfering in what he described as a long-settled arrangement.
“You inserted yourself into a matter that had already been concluded years ago. That woman made a decision while fully aware of her circumstances. Being a widow without biological sons does not mean she loses the right to decide what happens to her property,” the chief said.
He went on to warn against cultural practices that disadvantage widows and elderly women, particularly when they are vulnerable due to illness or lack of family support.
“In our communities, we cannot continue to punish women for surviving difficult situations. If family members fail to support a sick parent, they cannot later return to benefit from sacrifices made by outsiders who stepped in when help was needed,” declared Chief Mutasa.

Sabhuku Joseph Mbawa
Sabhuku Joseph Mbawa

Chief Mutasa said the conduct of Shingi and Itai revealed a troubling lack of compassion.
“This woman even obtained a bank loan to assist your stepmother with hospital bills. She risked her own finances to save someone you should have been caring for yourselves. Instead of appreciating that sacrifice, you now want to chase her away from the land,” he said.
The court heard that Janet Nyakuchena had expressed willingness to vacate the property if she was refunded the full amount she spent.
“She is not refusing dialogue. She is simply saying: give me back my money first. If you truly want the land returned, then compensate her fairly and properly,” noted Chief Mutasa.
In his ruling, Chief Mutasa ordered the two men to either vacate the land or reimburse Nyakuchena before May 30, when the matter will return to court.
He also clarified that even if the land were eventually restored, ownership would revert to Rosemary Mbawa — not to Shingi and Itai, who were contesting control.

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