Moffat Mungazi
Lovemore Kadzura
Weekender Reporter
A COMMUNITY court in Makoni has dismissed a claim by the Chikohomero family which demanded 13 beasts from Clever Dzigarwi as compensation for accidentally running over their relative with his car.
The court ruled that accidents are unavoidable, and should not be punished culturally.
The incident occurred last year when Dzigarwi knocked down an unnamed member of the Chikohomero family as they attempted to cross the road.
In response, the Chikohomero family sought 13 beasts as payment to appease the deceased’s avenging spirit.
Dzigarwi, represented by his father, Shadreck, brought Tererai Chikohomero to Chief Makoni’s community court to resolve the matter after his refusal to accept the 11 beasts his family had offered him.
Dzigarwi told the court that following the burial, they were ordered to pay three beasts to cover funeral costs, which they complied with.
However, the Chikohomeros later demanded an additional 10 live beasts, allegedly due to the deceased’s spirit manifesting through two relatives.
“One beast died along the way, and we gave them two beasts, plus a goat and cock representing the third cow,” he said, further explaining that the Chikohomeros later requested payment for rituals (kukwidza mudzimu muchikuwa) and that two spirits manifested.
“I could not understand the language the spirits spoke, as it was alien to me. The Chikohomeros translated it for me, saying the two spirits demanded 10 beasts each. They instructed me to bring the beasts, including the one we owed from the initial demand. Additionally, they charged us money for another ritual (kuburutsa mudzimu kuchikuwa).
“They also charged me US$40 per person possessed by the spirits. We negotiated to pay the equivalent in money instead of delivering live beasts, but they insisted on the beasts. We offered to pay nine beasts upfront, and deliver the remaining two later, but they demanded all the 11 beasts at once.
“On December 7, 2024, we gathered the required cattle and informed the Chikohomeros, who told us to hold onto the beasts. They later called us to come on December 19, 2024, but while we were processing cattle movement permits, they asked us to wait due to a funeral in their family.
“They later phoned, and gave us December 26, 2024 as the delivery date. On our way, they informed us to deliver the beasts to Headman Chirikuutsi’s homestead. We approached Village head Chikwena, who led us to the headman’s homestead. Headman Chirikuutsi referred us to this court,” said Dzigarwi.
Chikohomero admitted demanding the beasts from the Dzigarwi family, but failed to explain why they suddenly refused to accept the beasts.
He claimed the two individuals who manifested were not possessed by the deceased’s spirit.
“Yes, we instructed them to bring this matter to court for a resolution. We want the deceased to state how he wishes to be appeased. Those who manifested were not possessed by the deceased. We will only accept the beasts if the deceased states his wishes,” said Chikohomero.
Chief Makoni referred the two families to his resident traditional healer. A court messenger reported back that the deceased’s spirit did not manifest through the two relatives (male and female).
“The traditional healer detected a spirit of a deceased person hovering around. The families requested the healer to make the spirit speak, but after several attempts, the spirit did not manifest. The healer advised the families to wait for the avenging spirit to manifest on its own and return to court,” he reported.
The messenger added that both families reported not experiencing anything unusual in their lives.
Chief Makoni ruled that the circumstances leading to the accident were clear — and it was not a deliberate act to end someone’s life.
He noted that Dzigarwi did not flee from the scene, and even contributed towards the funeral costs.
“Ngozi (avenging spirit) typically occurs when there is a deliberate killing. A genuine road traffic accident does not invoke an avenging spirit. The two beasts, goat, and cock provided by the Dzigarwi family to cover funeral costs are sufficient,” he ruled.
Chief Makoni emphasised that if the spirit manifests, the Dzigarwi family should pay according to the deceased’s demands.
However, he cautioned that if the Chikohomeros accept payment without the spirit’s manifestation, they risk being affected by the avenging spirit.
“We cannot order payments without cultural justification. Accidents are a normal occurrence, and do not necessarily imply the driver’s fault. Ngozi from accidents haunts drivers who flee from the scene, but Clever stopped after the accident. Even in war, if you kill an armed opponent, there is no avenging spirit. The same principle applies here,” added Chief Makoni.
Online Reporter