Online Reporter
Lovemore Kadzura
Weekender Reporter
A MAKONI villager was allegedly caught red handed in a compromising position with his younger brother’s wife in a thicket — a scandal that has since led to the collapse of the marriage and sparked demands for compensation.
The case was heard recently at Chief Makoni’s community court, where Itai Henderson dragged his elder brother, Prosper Musarika, demanding compensation of eight beasts.
Henderson told the court that he was left stunned after stumbling upon Musarika and his wife, Priscilla, in what he described as an intimate encounter in the bush. He further claimed that Priscilla is now heavily pregnant with Musarika’s child, and had even attempted to elope to him, before being chased away by Musarika’s wife.
“Musarika is a very close relative — our fathers are siblings who use different surnames. I became suspicious of my wife’s movements after people alerted me that she was seeing him behind my back. One day, while returning from paying school fees for my child, I bumped into Musarika and Priscilla being intimate in the bush. They ran away,” Henderson testified.
He added that after reporting the matter to Headman Nyamuronda’s messengers, Musarika denied the allegations. Henderson said his wife later left home claiming she was going to work in Harare, but his in laws began demanding outstanding bride price, forcing him to sell his only beast to settle the debt.
“While she was in Harare, Musarika invited her back since she was carrying his pregnancy. Priscilla attempted to elope to him, but she was chased away by his wife. She is now staying with a friend, where she continues meeting Musarika. My brother wrecked my marriage,” Henderson lamented.
Musarika, however, denied ever being romantically involved with his brother’s wife. He dismissed the allegations as baseless and challenged Henderson to produce evidence in court.
“My young brother is lying, and I am shocked by these allegations. Priscilla used to come to my homestead to help my wife grade tobacco. One evening, as it was getting dark, my wife advised me to accompany her home. Henderson also came to my homestead intending to buy fish, and we met him on my way back.
He reported the matter to the Headman’s messengers, who told him he had no case because he lacked proof. They even said he should have stoned us or called other villagers as witnesses. I never heard anything directly from him — only rumours circulating in the village,” Musarika argued.
“I later approached him over the issue, but he refused to entertain me. He called his father-in-law to discuss the issue, but instead, he handed his wife a divorce token. Priscilla then left for her parents’ home. Henderson should produce evidence that he caught me red-handed,” said a straight-faced Musarika.
Chief Makoni warned Musarika against lying and misleading the court.
He also told him that since Priscilla was pregnant, the court could adjourn the matter until she gave birth and a Deoxyribonucleic acid (DNA) test could be conducted to ascertain the child’s paternity.
DNA is a molecule that carries the genetic instructions used in the growth, development, functioning, and reproduction of all known living organisms and many viruses.
When the court pronounced the scientific route, Musarika retracted, and admitted to dating Priscilla, claiming that it happened well after she had separated from Henderson.
“I doubt if Priscilla is pregnant, as is being claimed by Henderson. If she is pregnant, then she is the one who will inform us who the father is. When my young brother separated with his wife, and she went to stay in Harare, that is when I got involved with her. I only dated her after their separation,” admitted Musarika, leaving the court in stitches.
Chief Makoni found Musarika guilty of adultery with aggravating circumstances and fined him three beasts.
He said his moral blameworthiness was very high, as he had destroyed his young brother’s marriage, which he was expected to protect.
“The relationship started when Priscilla was still married to Henderson. What was Musarika’s courage in dating a woman who had separated from your young brother? It was proved that Musarika destroyed Henderson’s marriage.
Musarika is fined a beast for adultery, another beast for dating and impregnating his brother’s wife. In our tradition, a brother is also equated to a father, so Musarika committed a taboo when he slept with Priscilla, whom he should have protected as a daughter-in-law. He is fined a beast for that. He is also ordered to meet Henderson’s costs of suit – US$90,” ruled Chief Makoni.
