Moffat Mungazi
Lovemore Kadzura
Weekender Reporter
CHIEF Makoni’s community court has censured two families for facilitating a marriage between under-age minors.
The court criticised the Goza and Jimu families of Headlands for allowing Mitchel Goza (16) and Kudakwashe Jimu (17) to live as husband and wife two years ago after the girl fell pregnant.
Instead of reporting the matter to the police, the families condoned the relationship which Chief Makoni deemed illegal.
The issue resurfaced last week when the girl’s brother, George approached the community court, seeking damages from Jimu.
George demanded three cattle, three goats, and US$1 500, arguing that Jimu had lived with Mitchel as husband and wife for two years, during which they had a child together.
“Jimu took my sister and stayed with her for two years, only to chase her away after a misunderstanding. He should pay me my bride price,” said Goza.
Jimu countered that he ended the relationship after discovering Mitchel’s infidelity with another man only identified as Peter.
“We parted ways after I found out that she had a boyfriend during our marriage. Her grandmother confronted Peter, who admitted to the affair and even offered to take Mitchel with him. However, her grandmother took her back,” said Jimu.
Mitchel denied the allegations, claiming Jimu fabricated the story to end their marriage.
“I dated Peter in school, but I ended things with him when I started seeing Jimu. Jimu saved Peter’s number in my phone and pretended to be me, talking to him. It was a ploy to dump me,” said Mitchel.
However, Mitchel’s grandmother, Mbuya Goza, inadvertently revealed a crucial detail in court, disclosing that Mitchel and Jimu were minors when their families arranged their marriage.
Furthermore, she admitted overruling Mitchel’s mother’s decision to report the matter to the police, and instead accepted Jimu’s parents’ acceptance of the then-minor as their daughter-in-law.
“Mitchel and Jimu started dating while they were doing Form One. I once caught them being intimate in the bush and I whipped Mitchel. I later took Mitchel to Jimu after she fell pregnant. Her mother had proposed to report the matter to the police since both Mitchel and Jimu were minors and school-going that time.
“She said the police would provide supporting papers for the pregnancy to be terminated legally. Jimu’s aunt later came and collected Mitchel, and she went on to stay with Jimu as husband and wife. Problems arose when Jimu started communicating with Peter while pretending to be Mitchel. Jimu had also lodged a complaint to Mitchel’s sister that she was not properly performing household chores such as washing clothes. He said his parents and siblings no longer liked her. Jimu also told me that he was left with no option, but to look for another wife.
“We begged with Jimu’s parents to be patient with Mitchel since she was a minor not experienced enough to run a family. I told them that when I was also married I was a minor, but got support from my mother-in-law. Mitchel left her produce which she had worked for in the previous season at Jimu homestead,” said Mbuya Goza.
Chief Makoni ruled that from the evidence produced in court, both Mitchel and Jimu’s families were guilty of facilitating a child marriage.
He said Jimu should have been reported to the police and face justice at the juvenile court, but his parents accepted Mitchel as a way to shield him from arrest.
Chief Makoni dismissed the claim of damages, saying Mitchel’s parents should have reported the matter first to the police and then follow cultural procedures.
“This whole case is a result of child marriage. Mitchel fell pregnant when she was just 16 years and Jimu was 17 years. Both families did not take appropriate action when Mitchel got pregnant. This matter should have been reported to the police. The families, however, did not do that, but chose to facilitate marriage between the minors.
“Jimu’s parents accepted Mitchel so that they protect their son from potential arrest. Jimu should have been arrested and taken to the juvenile court.
“Jimu’s parents were probably aware of that, and they promptly embraced Mitchel as a daughter-in-law to save their son. Now both are majors, they are now frustrating Mitchel so that she quits the marriage. The laws are clear that minors cannot marry, but these two families defied that.
“Granting damages to Mitchel’s family is inappropriate as this court views it as granting benefits from proceeds of crime. If this court awards damages to Goza family, we will be setting a wrong precedence that a crime can be covered and later use the courts to sanitise it.
“This is a child marriage case and members of the two families can be arrested.
“The claim of damages or bride price is dismissed. The claim also for compensation for farming produce contributed by Mitchel is also dismissed, it was child labour.
“When Mitchel fell pregnant the two minors should have been separated with each family taking care of their child,” ruled Chief Makoni.
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