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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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In the community

Zambia Limits Worship Time To Two Hours To Curb Cholera

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BY AFRICANEWS

Churches across Zambia have received a mandate to restrict worship sessions to a maximum of two hours.

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The directive, issued by Ndiwa Mutelo, a high-ranking official overseeing religious affairs, also prohibits the sale of perishable and ready-to-eat foods within church premises.

To further minimize the risk of disease transmission, worshippers are strongly advised to refrain from handshakes and hugs. In an official statement, Mr. Mutelo emphasized the importance of maintaining hygiene within worship centers.

Churches are now required to provide safe drinking water, designated hand washing points, and make available alcohol-based hand sanitizers to their congregants.

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The urgency of these measures is underscored by the significant cholera outbreak in Zambia, with more than 7,800 reported cases since last October. Over the past 24 hours alone, the health ministry has recorded over 400 new cases and 18 fatalities.

This latest intervention aims to mitigate the impact of the cholera epidemic, emphasizing the collective responsibility of religious institutions in safeguarding public health.

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SOURCE: AFRICANEWS

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Lubangwe villagers walk over 30KM to access nearest clinic

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BY LWANDLE MTHUNZI

Access to primary healthcare remains a major challenge to communities in Lubangwe resettlement area in Hwange where the nearest clinic is more than 30km away for some.

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Lubangwe Railway Farm 55 resettlement was established in 2000 during the country’s land reform when scores of villagers, mostly families of war veterans, were settled in the area.

Government did not construct schools and clinics and old farm buildings were converted into learning facilities.

While some schools are now available as a result, although far away from some villages, the communities remain with no health facility which makes access to health a major challenge.

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The worst affected are pregnant women and people living with chronic diseases such as HIV and TB who have to regularly get their monthly allocation of life saving tablets.

Edwin Nyoni, head of village 1 said had it not been for village health workers mortality could be high for people with chronic illnesses.

“We don’t have a clinic and people walk 25km to 30km to Ndlovu clinic because most have no money for transport. We risk our lives through the wildlife infested bush to Ndlovu hence we appeal to the government to help us establish a clinic nearby. We have village health workers who assist to reduce mortality and prevent home deliveries by making sure pregnant women and the chronically ill are assisted to go to hospital,” he said.

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In village 2 villagers are patiently waiting for the opening of a clinic after a building was identified for use as a health facility.

The structure has no electricity and water, said village head Joseph Munsaka.

“They promised to bring some nurses to use a building that is lying idle. They said they want to connect water and electricity and we hope this will happen soon to save lives,” he said.

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Gilbert Munkuli said sometimes health authorities visit with a mobile clinic at the nearby Nyongolo primary school.

He said some of his villagers walk more than 30km because they have no money for transport making access to health difficult.

“It is more than 30km to go to Ndlovu Clinic and health workers sometimes come to Nyongolo Primary School to give tablets especially to the chronically ill. Those with money sometimes hire cars but some die at home or fail to go to hospital which worsens the burden of diseases such as TB,” he said.

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Because of proximity to Hwange coal mining town where most people in Hwange worked at the Hwange Colliery Company, the burden of TB is high around the district as many families have lived in Hwange town at some stage before retiring to the rural areas.

Nesi Mpala of village 2 appealed to the government to open a clinic to save chronically ill community members.

“The clinic is far and people who seek medical attention suffer, with pregnant women and those with chronic diseases the worst affected. People living with HIV and Aids are better because health workers come to give them tablets but those with TB have to go to the clinic and struggle to travel because transport is expensive. We wish the government can give us a mobile clinic so that TB patients and pregnant women get help,” said Mpala.

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Government is working on a national health policy whose vision is to ensure primary health care is accessible to all communities although the plan has been in the pipeline for many years.

Health is a critical human right and key to attainment of Sustainable Development Goals.

 

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VFWT partners with Mvuthu villagers to tackle human-wildlife conflicts

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BY NOKUTHABA DLAMINI

The Victoria Falls Wildlife Trust (VFWT) has announced that they have secured funding to work with the communities of the new scheme of herding cattle, amid growing concerns of human-wildlife conflicts in the Mvuthu’s jurisdiction.

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This was announced by the VFWT Community Liaison officer Bongani Dlodlo on Tuesday at a village assembly meeting in the Mvuthu area.

He said the scheme aims to reduce the continuous attack of the domestic animals, mainly the cattle by predators such as the lions.

 

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The organisation will actively involved in various environmental issues in the area, including the introduction of mobile bomas years ago, making of chill dung to deter elephants among other rehabilitation projects.

“This will be a programme to run for three years, where we are going to create mobile kraals where the whole village, those who are willing will bring their cattle there and we will hire some willing community members above 22 years of age to look after them during the day and night,” Dlodlo said.

“We are trying to reduce the problem of your livestock getting killed and while under this scheme, we shall ensure that they get treated whenever they present some symptoms of not being well and we will also vaccinate and feed them so that they can increase the value in the market whenever you want to dispose of some of them.”

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Dlodlo also added that this will be done throughout the year.

“During the off-cropping season, we will be rotating them from one field to the other so that we also mitigate the issue of poor soils this community is faced with. By this, we hope that even your yield will improve for these coming years.”

Although some at the meeting met with skepticism, Dlodlo insisted that the villagers were not under duress to let go of their cattle and that the preparatory planning and strategies to be adopted were going to be done together with the communities.

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Fears were around the issue of religious beliefs around the rearing of livestock.

Other concerns were around the issue of having to walk long distances to milk cows and even having them to perform some day to day chores such as the fetching of firewood.

According to the Zimbabwe Environmental Lawyers, cases of human-wildlife conflicts have been increasing since 2016 by over 216 percent and Mvuthu villagers have often paid the price without compensation.

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Others also queried about what will happen if their livestock gets attacked while with the hired herders and Dlodlo responded: “We will not be paying for any compensation because ours to try and help this community, but because the herders and the place of herding will be chosen by you, we hope that this will be a holistic community project where you can always check on what is happening as we work together.”

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