Online Reporter
Ivan Zhakata
Herald Correspondent
CHIEF Nechombo, born Langton Chikukwa, has dismissed as false social media reports claiming that he delivered a traditional court judgment in the case involving the death of Fungai Nhari, who was allegedly shot at Zhuhe Shukai Mine in Mutoko.
He said the document circulating online merely recorded a voluntary family agreement, not a ruling from his traditional court.
The handwritten document, which went viral over the weekend, indicated that representatives of Zhuhe Shukai Mine had agreed to pay US$6 500 to the family and cover school fees for Nhari’s three children.
Bearing the stamp of the chief’s secretary, it fuelled speculation that the payment had been ordered by Chief Nechombo’s court as part of a traditional ruling.
However, the chief said the agreement was reached independently between Nhari’s relatives and the mine’s representatives, with his office only witnessing the proceedings.
“It is not a judgment; it is an agreement between families. Judgment comes from dare,” said Chief Nechombo.
“That one, once again, is an agreement between the two under the chief’s witness. That is all.”
He said his role was limited to facilitating dialogue between the two sides to promote understanding and peace following the tragedy.
“The issue of ngozi (avenging spirits) is a complex phenomenon,” Chief Nechombo said.
“As chiefs, our jurisdiction goes as far as enabling bereaved families to talk to each other and agree on what is needed to appease their spirits. It is not the prerogative of chiefs to impose to families on their agreements. We only witness what they agree upon.”
Chief Nechombo also said customary law operates alongside general law in Zimbabwe’s dual legal system.
Chiefs, he said, may witness reconciliation efforts, but do not interfere with or replace formal judicial processes.
“Customary law deals with kuripwa kwengozi — the appeasement of spirits — rather than compensation for life,” he said.
“It is restorative justice, not punitive justice. Chiefs may witness family agreements, but rulings only come from a Dare after proper summons and hearings.”
He said he did not personally attend the meeting where the agreement was reached.
“I did not even attend, nor was I anywhere near what is being purported by social media as the chief’s judgement,” Chief Nechombo said.
“What took place was a voluntary agreement between the bereaved family and the mine to facilitate burial arrangements under their customs and traditions.”
He added that it was common practice for grieving or disputing families to approach a chief’s office for mediation, which should not be misconstrued as a court case.
“When aggrieved people run to the chief for protection, it does not translate into a court case.
“It simply allows them to speak to each other, agree and maintain peace while court proceedings, if any, continue separately.”
Chief Nechombo urged the public to avoid misrepresenting customary reconciliation processes as formal court judgements, stressing that his role was purely to witness, guide and maintain peace between the parties.
