Online Reporter
Lovemore Kadzura
Weekender Reporter
A MAKONI villager who left a toilet pit uncovered, and into which a fellow villager’s cow allegedly fell and died, was dragged to the community court to answer allegations of negligence, and pay compensation to the affected owner.
Muchemwa Mudarikwa, of Masvosva Village, who was on a community herding duty (jana), sued Sekuru Ekem Chipangura, of the same village, after Clayton Chipanga’s cow allegedly fell into the pit, and was discovered after 11 days due to a heavy smell.
Mudarikwa told Chief Makoni’s court that Chipangura was liable for the cow’s death because he had not covered the pit, and should compensate Chipanga.
“My family had a duty to herd community members’ cattle. My 23-year-old son was the one who took part in herding the community herd. During the evening, at penning time, one cow belonging to Chipanga was missing. We looked for the beast everywhere, only to find it 11 days later in a pit dug by Chipangura.
“The village head contacted Chipangura, but for three days he did not turn up. Besides the village head, other people also went to the pit, where there was a strong smell. The village head referred the matter to Headman Masvosva. Chipangura was ordered by Headman Masvosva to return Chipanga’s beast or pay him in cash. He was given time to pay, but did not. After noticing that Chipangura was reluctant to pay, Headman Masvosva advised me to report the matter to this court,” said Mudarikwa.
Chipangura challenged Mudarikwa to prove that the smell coming from the pit was that of Chipanga’s cow.
He also said there was no physical evidence of bones and horns, and that his accusers were relying only on the smell.
He further told the court that the pit is in his yard, and Mudarikwa was not supposed to herd cattle there.
“It is true that I dug the pit intending to construct a Blair toilet. I was informed that a cow had fallen into the pit in my yard while I was in Harare seeking medical attention. Together with my son, we proceeded to the pit, but to our surprise, there was nothing proving that a cow had fallen inside. The village head said they did not see the cow, but were convinced by a strong smell that came out of the pit.
“I had US$200 which I had intended to compensate Chipanga with, but after the village head’s explanation, I changed my mind. I even asked for the bones or horns as evidence, but to my surprise they accused me of using some Chinese chemicals to melt the bones and horns.
“At the headman’s court I was not given an opportunity to explain that the pit is in my yard. They just proceeded to convict me, and gave me two weeks to compensate Chipanga for his cow. I told them that I did not have the money as I am not working and unwell. This incident happened during summer, and I did not expect that people would herd their cattle in my yard,” said Chipangura.
Chief Makoni said, in the absence of witnesses present in court, it was not possible to give a ruling.
He adjourned the matter to this week’s sitting to allow the village head to come and testify, and for each party to bring its own witnesses.
“The issue is quite complex in that there are no witnesses present. Chipangura is also claiming that the pit is in the yard, which suggests trespassing by Mudarikwa.
“The remains of the cow, such as horns, bones and skin, were not shown to Chipangura, when he returned from Harare. The village head is hereby summoned to attend the hearing next week. Mudarikwa should also bring witnesses who saw the cattle inside the pit,” said Chief Makoni.
Moffat Mungazi