…condemns broadcasting of traditional court proceedings
By Rangarirai Shanyurai
Chief Mugabe born Matubede Mudavanhu of Masvingo District recently raised concerns over the erosion of traditional leadership powers, particularly in handling serious criminal cases.
Chief Mugabe was speaking during an Africa Day commemoration organised by the Zimbabwe Republic Police (ZRP) Women Network in Masvingo at his court recently.
Chief Mugabe expressed frustration over the current legal framework that limits chiefs’ authority to preside over cases such as rape and murder.
“We have never failed to preside over any case, but the courts have denied us the authority to handle serious matters such as rape and murder. When we attempt to do so, we are told we’ve breached jurisdictional boundaries. We are only allowed to resolve land disputes and infidelity cases,” said Chief Mugabe.
Despite these legal limitations, the chief noted that traditional leaders often find themselves dealing with such serious matters informally, reflecting their ongoing commitment to maintaining moral order in their communities.
“On the other hand, we still preside over these serious matters, even though the formal courts have the final say, because we do not condone criminal behaviour in our communities,” he said.
Chief Mugabe called for a national dialogue on the role and authority of traditional leaders in the justice system.
“The issue of chiefs’ powers needs to be addressed. We believe we should have the authority to handle all cases within our jurisdiction. Even in cases involving my close relatives, I am prepared to delegate to a nearby chief to ensure fairness, as long as all the required documentation is completed,” he said.
Speaking to TellZim News after the event, Mugabe said the modern court will only punish the offender but there was no healing to the victim’s family and that had to be addressed.
“A person murders someone, he is tried in court and is jailed, what happens next, will he come and work in the fields of the victim’s family? No, he will work there and the family of the deceased get nothing.
“What about the issue of avenging spirits, there is need for the family to pay to avoid Ngozi that should be done by Chiefs,” said Mugabe.
He also said the chiefs were supposed to be allowed to try any case that happen in his jurisdiction for he knows the backgrouds of people and families hence has a better chance of solving the disputes amicably and provide lasting peace.
“The magistrates and judges do not know the people they preside over, we do, we have the family backgrouds so we know best how to deal with each family,” said Mugabe.
Mugabe went on to take a side swipe at other chiefs who broadcast court proceedings and allow anyone to come and listen saying that reduces the dignity of people.
“Here in Chief Mugabe’s court, we do not allow anyone to come and listen, we only want the offender and the complainant and their immediate family members.
“If a person is an offender it doesn’t mean he or she has no dignity. It’s insensitive for everyone to know that this man took that man’s wife. Others no longer preside over cases as they are but they do it for people to see because there will be cameras. It’s inhumane for the whole of Zimbabwe to watch while one is being asked and narrating what happened. That’s improper and we do not allow that here,” said Mugabe.
Speaking to TellZim News on the issue of chiefs being given power to preside over serious criminal cases, Chief Ndanga Born Wilson Makono of Zaka said the good part of the judiciary in Zimbabwe was that it had a dual system which allows them to deal with serious cases in a way.
He said though the investigations and sentencing were done by the police and the courts respectively, as traditional leaders they were allowed to practice their authority to make sure the community leaves in harmony.
“The good aspect of the judicial service is that it’s dual, it does not stop us from dealing with these issues even when the courts are handling them.
“Though we do not use the investigative side, we are allowed to try and enforce payment of Chenura (Cleansing) to make sure the community continues to live in harmony. Even when someone is convicted of rape, we have a way of punishing them to show that we do not condone such in our jurisdictions,” said Ndanga.
