Online Reporter
Tendai Gukutikwa
Weekender Reporter
A MUTASA man has been ordered to compensate his cousin with one beast after Chief Mutasa found him culpable of improperly touching his cousin’s wife during an incident that sparked a public altercation at a family-owned shop.
James Frank appeared before Chief Mutasa’s community court facing allegations that he groped Rutendo Mudhumo, the wife of his cousin, Tsanzirai Chiuta, while she was serving customers.
Chiuta said he was away when the incident occurred, and only learnt about it after receiving a distressed phone call from his wife.
“One day my wife phoned me crying, saying James Frank had entered the shop and grabbed her from behind. I immediately instructed her to report the matter to the village head, who advised that it first be reported to the police before being brought before this court,” said Chiuta.
He said he pursued the matter because Frank’s alleged conduct had brought shame to his family and disrespected his marriage.
Giving her testimony, Mudhumo said the incident began when Frank visited the shop seeking groceries on credit.
“He asked for goods on credit, but I reminded him that he still had an outstanding debt. I told him to return when his uncle was around so the issue could be discussed before I gave him anything else,” she said.
Mudhumo said Frank initially accepted her response and left, but returned shortly afterwards.
“I was speaking on the phone when he came back. He opened the shop door, entered and grabbed me from behind,” she said.
She alleged that Frank held her while whispering romantic remarks into her ear.
“He was calling me ‘gogo’ in a romantic way while holding me. I struggled to free myself,” she said.
The situation soon escalated into a physical confrontation.
“We both fell to the ground as I tried to break free. We struggled on the floor and people gathered outside after hearing the commotion.”
Mudhumo said relatives and villagers eventually intervened and separated them.
“My brother-in-law later arrived with other men and stopped the fight. Frank went back to his vehicle while I remained explaining what had happened to the people who had gathered.”
She said she was particularly shocked because Frank was a close relative of her husband.
“I never expected such behaviour from someone within the family.”
Frank, however, denied the allegations and insisted that he was the victim.
“I never touched her. She is the one who attacked me. She opened the door, head-butted me and dragged me inside the shop where she assaulted me,” he said.
Frank claimed he deliberately avoided retaliating.
“I did not fight back because she is not my wife. When people arrived, she was sitting on my chest while I was lying on the ground. I never grabbed her from behind as she claims.”
However, his defence suffered a major blow when his own witness, More Mupawose, took the stand.
Mupawose confirmed accompanying Frank to the shopping centre, but admitted he had not witnessed every moment of the encounter.
“When we arrived, Frank was talking to Mudhumo inside the shop. He was kneeling while speaking to her. I left briefly and when I returned I found the woman telling Frank that he was not her husband.
“They were arguing and fighting, which means something must have happened while I was away,” he said.
His testimony contradicted Frank’s claim that Mudhumo had dragged him into the shop, as he had already placed Frank inside the premises before the altercation began.
After hearing evidence from both parties, Chief Mutasa ruled against Frank and ordered him to pay one beast, or its equivalent value of US$350, by August 30, 2026.
“In criminal law, what happened amounts to indecent assault. In the Bible, you would be regarded as an adulterer. In this court, however, we deal with matters according to our customs and traditions,” Chief Mutasa said.
The traditional leader said Frank had no justification for laying his hands on another man’s wife.
“What you did was wrong and completely unacceptable. Your own witness contradicted your evidence. You told this court that the woman dragged you into the shop, yet your witness confirmed that you were already inside the shop, kneeling before her.
“His evidence destroys your version of events,” ruled Chief Mutasa.
He concluded by urging community members to respect the sanctity of marriage and avoid conduct that fuels family conflict.
