Moffat Mungazi
Lovemore Kadzura
Weekender Reporter
A VILLAGE head in Makoni area– Sabhuku Mawuye – landed in hot soup for overstepping his mandate by presiding over an adultery case instead of referring it to his superiors – headman or chief’s community court.
Mawuye fined a villager three beasts for admitting to be having an affair with a friend’s wife, prompting Headman Chitsike to yank him to Chief Makoni’s community court for insubordination.
Headman Chitsike accused Mawuye of usurping his authority by handling the case himself, rather than following the proper protocol and reporting it to higher authorities.
“I heard that he (Sabhuku Mawuye) presided over an adultery matter instead of referring it to me for further transfer to this court. When I verified the reports, I got the true picture that he indeed presided over the matter, and fined the accused person, one Mwanza three beasts for dating Learnmore Guri’s wife. I was shocked to learn that he had the audacity of doing that. My court has never handled such cases or imposed a penalty of three beasts,” said Headman Chitsike.
In his defence, Mawuye said he facilitated for an out of court settlement between Mwanza and Guri – through which Mwanza agreed to pay three beasts.
He, however, threw himself under the bus when he admitted that he recorded the proceedings of the ‘settlement’ held at his home, and also that five goats were delivered to his homestead by Mwanza.
“I did not handle the matter. I informed Headman Chiendambuya of the case, and he instructed me to listen to the parties and refer the case to him. The aggrieved party and accused person opted for an out of court settlement since they were friends. The aggrieved party demanded three beasts, which the accused person agreed to pay. I recorded the minutes of the proceedings with the intention of appraising Headman Chiendambuya. Mwanza brought five goats to my homestead for onward transfer to Guri. It was just an out of court settlement, not a hearing,” said Mawuye.
However, Mawuye was convicted of presiding over a case above his jurisdiction, and also imposing fines not in tandem with his jurisdiction.
He was fined three goats and ordered to meet Headman Chitsike’s cost of the lawsuit of US$100.
“Mawuye is just hiding behind the finger. His own narration is clear that he presided over a case he was not supposed to. He is under Headman Chitsike, yet he is claiming to have reported the matter to Headman Chiendambuya. He presided over the matter, a reason why he recorded the proceedings. Warring parties can enter into an out of court settlement without the involvement or guidance of court officials. You went overboard, and this is not allowed. Adultery is a very sensitive issue which has serious repercussions and can only be handled by the chief,” ruled the court.
Village heads are not allowed to preside over cases, and do not have courts.
Their job is to report matters to the headmen and chiefs for trial, since the decisions they make while handling disputes are not legally binding.
Online Reporter