In the community

In Zimbabwe, rural leaders fill gaps in judicial system

Published

3 years ago

December 22, 2021

VicFallsLive

BY LINDA MUJURU

The road to justice in Zimbabwe has two lanes.

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.

“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.

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.

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.

“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.

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.

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.

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.

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.

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.

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

In the community

Crocodile attacks claim 9 lives, injure 11

Published

3 weeks ago

March 13, 2025

VicFallsLive

BY NOKUTHABA DLAMINI

A surge in crocodile attacks has left a trail of death and destruction in Zimbabwe, with 9 fatalities and 11 injuries reported in the last two months.

According to a statement released by the Zimbabwe Parks and Wildlife Management Authority (ZimParks), 49 human-crocodile conflict cases were recorded during the same period, resulting in the loss of 44 cattle and 60 goats.

The Mid-Zambezi region, which includes Lake Kariba, Angwa River, and Hunyani River, was the hardest hit, with 19 cases reported. The Central region recorded 14 cases, while 16 cases were reported in other areas, including Matopo, Harare, North-West Matabeleland, and South-East Low-veld.

ZimParks has urged communities to exercise extreme caution, especially around water bodies, during the current rain season. The authority has advised communities to ensure that livestock and children are not left unattended near rivers or lakes, and to take precautions when engaging in water activities such as fishing, swimming, and domestic chores.

To mitigate the situation, ZimParks is working closely with local authorities and conservation partners to raise public awareness and promote safety practices. The authority has emphasized its commitment to finding a balance between ensuring public safety and conserving wildlife.

As the situation continues to unfold, ZimParks has appealed to the public to remain vigilant and to report any crocodile sightings or attacks to the authorities.

Nkayi

Nkayi man sentenced to 20 years for murdering patron

Published

3 weeks ago

March 13, 2025

VicFallsLive

BY STAFF REPORTER

In a High Court circuit sitting in Hwange, a 23-year-old man from Gwelutshena was sentenced to 20 years in prison for murder.

Mtabisi Ndimande was convicted of killing a 39-year-old man in a brutal axe attack that occurred on August 5, 2024, at DZ Sports Bar in Inyathi.

The court heard that Ndimande had been drinking beer with the deceased when an argument ensued.

Despite intervention from a security guard, Ndimande pulled out an axe and struck the deceased on the head.

The blow caused the deceased to collapse, while the axe remained embedded in his head. The offender then removed the axe and walked away.

The deceased bled profusely and was taken to the hospital, where he succumbed to his injuries on August 6, 2024.

The police responded to the scene and recovered the axe.

Hwange

Drugs causing mayhem in Victoria Falls

Published

1 month ago

March 3, 2025

VicFallsLive

BY NOKUTHABA DLAMINI

The scourge of drugs and substance abuse is tearing families apart in the city of Victoria Falls as young people resort to dangerous substances to cope with mounting economic problems.

Victoria Falls, like most urban areas in Zimbabwe, is battling against a surge in cases of drugs and substance abuse, which has seen the government launching various programmes to curb the crisis.

Eslina Sibanda, a Mkhosana resident whose son was forced to drop out of college due to drug addiction, narrated her heart-rending ordeal in an interview with NewsHub.

“He was a bright student, but then he started experimenting with mbanje and other substances,” Sibanda said.

“Before we knew it, he was hooked. We tried to get him help, but it was too late.

“He dropped out of college and he now struggles to find a job.”

According to the Zimbabwe National Statistics Agency, approximately 750 000 people in Zimbabwe use cannabis, while 150 000 use other illicit drugs.

The same report noted that 14.6 percent of males and 5.6 percent of females aged between 15 and 65 years engage in hazardous or harmful drinking.

In a dramatic event that gripped Victoria Falls last November, 82 year-old Paul Siangapi was forced to take his son, Wonder, to court after he attempted to stab a family member in a drug-fuelled rage.

Siangapi pleaded with the magistrate to send his 40year-old son to jail for years, saying after the death of his mother, almost a decade ago, he started smoking cannabis (mbanje) and abusing alcohol.

He said Wonder became abusive even to his grandchildren as a result of drug abuse.

The magistrate subsequently ruled that he must be referred to the Mlondolozi Mental Health Prison in Bulawayo where he is being treated for his addiction together with seven others from Victoria Falls who were facing charges of committing offences under the influence of drugs.

Siangapi told News Hub from his Chinotimba home that his life had become hell on earth because of his son’s drugs problem.

“He is ok there (in prison),” Siangapi said. “I was always running away from him. He would lock the gate, deprive me of food and, at times, l would sleep in the car outside the gate because of him.”

On 18 February, Information minister, Jenfan Muswere, said the police had arrested 9, 527 people and dismantled 79 illegal drug bases as part of a countrywide crackdown on drug and substance abuse between 1 September 2024 and 31 January 2025.

Muswere told a post-Cabinet briefing that 616 drug suppliers and 8 911 drug users had been arrested during the operation.

The government has also established three new rehabilitation centres for drug addicts in Victoria Falls, Harare and Kwekwe.

The ministry of Health and Child Care notes that substance abuse is a major contributor to mental health disorders, including depression, anxiety, and psychosis.

Mental health experts say a combination of factors that include poverty, unemployment, and lack of access to education and healthcare drive young people into drugs and substance abuse.

“Young people are turning to substances as a way to cope with the stress and uncertainty of their lives,” said Silvester Nyoni, a local psychologist. “We need to address the root causes of this crisis, rather than just treating the symptoms.”

Rufaro Nyakwende, a social worker at the Zimbabwe Civil Liberties and Drug Network, said the impact of substance abuse was far-reaching as affected not only individuals, but also families, communities, and the economy.

“Substance abuse is leading to tracking substance use,” Nyakwende said.

“At the end of the day, people have mental issues such as depression, anxiety, and this leads to interest in another driver of tracking substance use, which is peer pressure. A lot of children experience peer pressure through interactions, observation, learning, and playing.

“People may admire the effects of someone using drugs and end up using those drugs themselves. This is another driver of tracking substance use. When they continue using drugs, it also leads to mental health issues like depression, stress, anxiety, and this is what leads to a high risk of suicide,” added Nyakwende.

She said the community also exerts too much pressure on young people.

“There’s also the issue of social pressures. The community expects certain things from people,” Nyakwende added.

“For instance, by a certain age, you’re expected to have achieved certain milestones, such as having a proper job and a family.

“But when you fail to meet these expectations, it can lead to feelings of inadequacy and low self-esteem, which can contribute to higher rates of suicide.”

The government launched the National Substance Abuse Policy in 2020 as one of the ways to deal with the scourge.

For Nyoni, however, more needs to be done to provide support and resources for those struggling with addiction.

“We need to increase funding for treatment centres, counselling services, and support groups,” he said.

“We also need to raise awareness about the dangers of substance abuse and provide education and job training programs for young people.”

SOURCE: NEWS HUB