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In Zimbabwe, rural leaders fill gaps in judicial system

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BY LINDA MUJURU

The road to justice in Zimbabwe has two lanes.

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The magistrate court system serves as the official channel for criminal and civil cases — but that route costs money and takes years to navigate. As the United Nations Development Programme put it in a 2020 report, barriers include “complex court procedures that are not easily understood by most; the high costs of litigation; the limited availability of legal aid service providers; and the physical inaccessibility of formal courts located largely in urban areas.”

The traditional court system, in contrast, provides a free and more direct path — outdoor proceedings conducted within walking distance, in each community’s local language.

These proceedings lack the authority and resources to handle imprisonments, extraditions, or scientific analysis of evidence, but they have the government’s blessing to settle non-violent disputes ranging from infidelity to cattle theft.

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“They allow us to get our possessions back and people solve their issues amicably,” says Elizabeth Mukuta, a village head from the Mutoko district, located 180 kilometres east of Harare.

“Traditional courts allow people to be compensated for their losses and get paid in form of money or livestock.”

Zimbabwe’s government has made efforts to expand legal aid services in recent years, but the magistrate court system has remained inaccessible for rural communities, home to two-thirds of the country’s population.

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The traditional court system gives citizens the best chance of being served — while “reducing the clogging” in magistrate courts, which has mounted during the pandemic, says Elizabeth Mawondo, acting head of policy and legal service for the Judicial Service Commission, the government body responsible for the administration of justice.

Traditional courts also save money, given their use of volunteer leaders and outdoor facilities.

Once or twice a month, Mutoko’s traditional court convenes at a rocky spot under trees, offering both shade and seating.

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Men stand and women ululate as a sign of respect as Headman Nyamukapa takes his seat on a wooden chair, flanked by two dozen village heads and a secretary taking notes, and signals for the proceedings to begin.

Nyamukapa, whose legal name is Edward Muzengeza, is a hereditary leader ordained by the president to oversee local matters in his district.

For each case, he listens carefully and consults with the village heads before announcing his decision, usually within an hour; the highest penalty has been the payment of a cow to the injured party.

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“There are issues that are unusual and that anger the spirits — for instance, if a brother and sister have sexual relations — such things anger the spirits, and a fine in form of a cow is supposed to be paid to appease the spirits,” Nyamukapa says.

“Our issues are open and we make the decision collectively.”

Not every case can be resolved so easily.

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In one recent case, Maidei Gurupira complained that her husband moved to South Africa with their two children five years ago.

He has remarried, and she hasn’t seen their children — now ages 16 and 10 — since then.

Since she and her husband were married under Shona customary law, Gurupira petitioned the traditional court for him to divorce her in the customary way: by sending a token, usually in the form of a coin, to the ex-wife’s family.

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She also hoped the headman would order her ex-husband’s family to summon him back to Zimbabwe and allow her to see their children again.

But Nyamukapa ruled that the case couldn’t proceed without her husband’s voluntary presence.

If the case had been before a magistrate court, the judge could have issued a summons requiring a response within 14 days, issued a judgment in absentia or involved Interpol, an international police organization.

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Traditional courts also fall below magistrate justice standards on cases involving crimes against women, says Romeo Chingezi, head of programs for Disaster and Environmental Management Trust, a community-based organization in Mutoko that has studied gender-based violence.

Women may find it easier to seek help locally due to the cost and proximity, he says, but headmen need training to recognize and respond appropriately to gender-based violence.

“They need to be capacitated or have proper orientation on women’s rights and gender justice,” he says.

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Chingezi says headmen should stick to disputes over inheritance, land distribution and “general quarrels at household level.”

At least the traditional courts are free, says Gurupira, who is still fighting for custody of her children.

When she sought help from the magistrate courts in 2018, she says she paid a lawyer US$100 followed by additional expenses as the process continued over the course of a year.

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The court ruled that her former husband couldn’t evict her from their home, but stopped short of demanding their children’s return.

The two court systems should continue to complement each other, Nyamukapa, the headman, says.

“Some issues we leave for the magistrate courts, especially criminal cases, maintenance issues and all issues involving jail time,” he says.

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“We have our limitations as traditional courts.” – Global Press Journal

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Hwange

Teacher sentenced to 15 months for assaulting student with wooden stick

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BY NOKUTHABA DLAMINI 

A Hwange Magistrates’ Court has convicted and sentenced a 27-year-old teacher, Shyleen Nenduva, to 15 months imprisonment for brutally assaulting a 15-year-old grade 7 student.

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According to court records, on July 9, Nenduva from Gwai, struck the student several times on the back with a wooden stick, punched him once in the chest, and violently pushed him onto a desk. The assault resulted in the student sustaining a swollen and painful right elbow.

The court heard that the incident occurred after the student misbehaved outside the classroom, prompting Nenduva to caution him. However, a misunderstanding ensued, leading to the physical altercation.

In sentencing Nenduva, the court suspended 6 months of the imprisonment term for 5 years. The remaining 9 months were suspended on condition that Nenduva performs 315 hours of community service.

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Hwange

Hwange driver remanded in custody for alleged beer theft

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BY STAFF REPORTER 

A 38-year-old driver, Munyaradzi Gotora, has been remanded in custody by the Hwange Magistrates’ Court on three counts of theft involving large consignments of alcoholic beverages.

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Gotora, employed at Delta Beverages’ Hwange Depot, allegedly diverted multiple loads of Chibuku Super beer destined for Binga and surrounding areas between June 25 and July 9, 2025.

According to the State, on June 26, 2025, Gotora sold 1,189 cases of beer valued at USD4,451.62 and failed to deposit the funds. He allegedly falsified delivery invoices, presenting them as credit transactions with Gain Cash and Carry, which were not signed.

Similar incidents allegedly occurred on June 30, 2025, involving 866 cases valued at USD3,242.30, and on July 5, 2025, involving 1,933 cases worth USD8,779. In the latter incident, Gotora allegedly deposited only USD2,110, converting the balance to his own use.

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An investigation into the anomalies in stock records uncovered irregularities across the three transactions. Police recovered receipts at Gotora’s place of residence, linking him to the crime.

Gotora is scheduled to appear in court again on August 14. In the meantime, he will remain in custody.

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In the community

Domestic violence takes a deadly turn: Hwange woman’s violent outburst lands her in jail

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BY STAFF REPORTER

A 19-year-old woman from Makwika Village has been sentenced by the Hwange Magistrate’s Court for domestic violence and assault after a violent incident occurred on June 2, 2025.

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The court heard that the woman assaulted her husband after he confronted her over messages on her phone. She slapped him, grabbed his private parts, dragged him into the kitchen, and poured boiling water on his lower body, causing serious injuries.

A concerned neighbor who attempted to intervene was also burnt with boiling water on her chest and hospitalized.

The woman was sentenced to 12 months imprisonment for domestic violence and 24 months imprisonment for assault. However, 12 months of the assault sentence were suspended for 5 years on condition of good behavior, and the remaining 24 months were suspended on condition of performing 630 hours of community service.

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The National Prosecuting Authority of Zimbabwe (NPAZ) has condemned the violent act, emphasizing that violence, whether in the home or community, is unacceptable.

“The law applies equally to all, and offenders will be held accountable,” said the NPAZ. “We encourage citizens to resolve disputes peacefully and report abuse immediately.”

 

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