Headman Chengetai Chigodora, a maverick traditional leader, is being accused of overstepping his mandate. He has been presiding over cases that are far beyond his jurisdiction. Several other headmen are also being accused of usurping the authority of chiefs.
The Manica Post investigated and found that there are disputes that the chief's community court should handle, not the headman's primary court. This practice goes against the Traditional Leaders Act, which says cases can't be transferred from a higher court to a lower court.
Mr Fungai Mbetsa, a Ministry of Local Government and Public Works director, explained the legal standing of headmen's courts. He said only a chief can authorize transferring a case to a headman's court. If someone isn't happy with a headman's ruling, they should take it to the chief's court for review.
Headman Chigodora, who had one of his rulings overturned on appeal in January, defended his actions. He said he only handles cases that chiefs and other headmen officially refer to him with stamped transfer letters. He said he sends cases involving witchcraft, avenging spirits, or goblins to the chief's court. He claimed that people hear about his skills and wisdom on social media and request to transfer their cases to him, leading to an influx of cases from other courts.
Headman Chigodora has been handling cases from several districts and allegedly imposing penalties above his legal authority. He has reportedly asked some families to raise as much as US$9,000 for spiritual consultation to pay an avenging spirit. Mr Shepherd Rusanga, whose case is currently pending before the headman's court, said his family was ordered to pay US$9,000 for appeasement and traditional healer consultation because of an avenging spirit tormenting them.
The cases at Headman Chigodora's court often involve demands for appeasements that are much higher than the maximum limit of two cattle, which is encroaching on Chief Zimunya's territory. The community has also accused Headman Chigodora of running his court in a hostile and intimidating way, calling it a "court of bullies" where people are intimidated and bullied into compliance. They say he doesn't allow anyone to raise objections, and grievances are either ignored or not properly addressed.
The Manica Post investigated and found that there are disputes that the chief's community court should handle, not the headman's primary court. This practice goes against the Traditional Leaders Act, which says cases can't be transferred from a higher court to a lower court.
Mr Fungai Mbetsa, a Ministry of Local Government and Public Works director, explained the legal standing of headmen's courts. He said only a chief can authorize transferring a case to a headman's court. If someone isn't happy with a headman's ruling, they should take it to the chief's court for review.
Headman Chigodora, who had one of his rulings overturned on appeal in January, defended his actions. He said he only handles cases that chiefs and other headmen officially refer to him with stamped transfer letters. He said he sends cases involving witchcraft, avenging spirits, or goblins to the chief's court. He claimed that people hear about his skills and wisdom on social media and request to transfer their cases to him, leading to an influx of cases from other courts.
Headman Chigodora has been handling cases from several districts and allegedly imposing penalties above his legal authority. He has reportedly asked some families to raise as much as US$9,000 for spiritual consultation to pay an avenging spirit. Mr Shepherd Rusanga, whose case is currently pending before the headman's court, said his family was ordered to pay US$9,000 for appeasement and traditional healer consultation because of an avenging spirit tormenting them.
The cases at Headman Chigodora's court often involve demands for appeasements that are much higher than the maximum limit of two cattle, which is encroaching on Chief Zimunya's territory. The community has also accused Headman Chigodora of running his court in a hostile and intimidating way, calling it a "court of bullies" where people are intimidated and bullied into compliance. They say he doesn't allow anyone to raise objections, and grievances are either ignored or not properly addressed.
