Legal, traditional courts clash

A NYANGA teacher who was recently banished from the area by a community court following allegations that he murdered a librarian for rituals has approached the civil court appealing against the chief’s judgement.

Phillip Makunura, a teacher at Marist Brothers High School in Nyanga who also have shops and a bottle store in the area recently filed an application with the Nyanga Civil Court appealing against Acting Chief Saunyama’s March 25th ruling that he should vacate the area.

Presiding over the matter was Nyanga magistrate, Ms Constance Marutya.

Makunura is being accused by neighbours of masterminding the murder of John Sagotora, who was a librarian at the same school, for rituals.

At least 10 Zimbabwe National Traditional Healers Association (Zinatha) licensed healers from across the country who were summoned to Acting Chief Saunyama’s court in March concluded that Makunura and his nine accomplices murdered the late Gotora for rituals.

This led Acting Chief Saunyama to banish the 10 from his area.

In his application, Makunura cited brother to the deceased, Godfrey Gotora; church prophet, Sandinga Kangai and Acting Chief Saunyama’s clerk of court, Vitalis Kanyuru as the respondents.

In the papers that he filed with the Clerk of Court, Makunura alleged that Acting Chief Saunyama’s court erred in concluding that he murdered the late John Gotora without any evidence to that effect.

He accused the Acting Chief of misdirecting himself in concluding that he was a murderer on account of unreliable and inadmissible evidence.

“The inadmissible evidence was tendered by alleged Zimbabwe National Traditional Healers Association (Zinatha) practitioners whose credentials were not produced before the community court.

“The Acting Chief misdirected himself in resolving a dispute not determinable by customary law and consequently arrived at an irrational decision to evict Makunura without valid legal reasons,” reads the court application.

Makunura went on to allege that Acting Chief Saunyama had no legal basis to evict him from Nyakwanga Village.

Makunura asked the court to set aside Acting Chief Saunyama’s ruling.

However, Ms Marutya ordered Makunura to put his papers in order and cite the correct respondents.

Gotora was excused as he was never a complainant in the matter.

The jurisdiction of traditional courts is limited to civil cases involving parties who reside within the area of the court’s authority, and the content of the case has to be suited to trial by customary law.

Thus traditional courts do not have the power to adjudicate on cases of a criminal nature, such as murder or rape.

However, in some cases traditional leaders do resolve disputes involving criminal matters of less serious natures such as theft and assault.

Serious cases of a criminal nature are referred to the police for investigation.

When contacted for comment, Manicaland provincial police spokesperson, Inspector Nobert Muzondo said the docket of Gotora’s murder case was closed due to lack of incriminating evidence.

“Police picked the same suspects when the murder happened and they were released after the recording of their warned and cautioned statements. There was no incriminating evidence linking them to the commission of the crime. The post-mortem report was inconclusive as the body was in a very advanced state of decomposition when it was found,” he said.