The Manica Post

POLYGAMY GONE WRONG

Marrying sisters backfires

- Weekender Reporter Lovemore Kadzura Rusape Correspond­ent

A Headlands man is in trouble after he married a second wife despite being legally married to someone else.

James Muswere of Plot One Mapopi Falls’ whose marriage to Tabeth Muswere is still valid was recently arrested and dragged to court on bigamy charges.

He is also being charged with perjury after he allegedly lied under oath that he married Tabeth under customary law when they are, in fact, in a civil monogamous union.

Muswere has allegedly taken in a second wife, Idah Mupanganye­mba.

He built her a house next to his matrimonia­l home at the plot, thereby prompting Tabeth to make a report against her husband for allegedly violating Section 104 of the Criminal Law (Codificati­on and Reform) Act, Chapter 9.23 which bars parties in monogamous marriages to marry a second partner during the subsistenc­e of their marriage.

Muswere who is represente­d by Mrs Ruvimbo Chijara-Kuhudzayi of Khupe

Law Chambers denied both charges when he recently appeared before Rusape magistrate, Mrs Patience Chirimo at Headlands Circuit Court.

The matter

Ruwa, Entry Number 07/2001. “In January 2023, the accused person entered into another marriage by marrying Idah Mupanganye­mba without the knowledge or consent of the complainan­t. “In June 2023, the accused went on to build a new house adjacent to his matrimonia­l home and moved in with Idah Mupanganye­mba as husband and wife.

“The complainan­t filed a Civil Case Number 328/23 of spoliation against her husband, James Muswere, which was heard on October 12, 2023. “barika kubika sadza nehuni nyoro” is aptly applying to a Chimaniman­i man who was once married to two sisters as his brotherin-law has failed to accept him into the family. Cain Kundlanda has found himself in a quandary after being barred from visiting his in-laws, the Chourombos, at their Gandanzara homestead.

His four children have never met their uncle, Moses Chourombo. This came out last week during a hearing at Chief Makoni’s community court when Kundlanda dragged his brother-in-law, Moses and his mother-in-law, Gogo Maud Chourombo, to the court seeking dialogue with them.

Moses is Gogo Chourombo’s eldest son.

The court heard that

Kundlanda lived with the late Dorothy Chourombo as husband and wife but the couple was never blessed with any children.

Kundlanda never paid any bride price for Dorothy.

He ended up taking Dorothy’s young sister, Savior, as his second wife.

The polygamy lasted for a few years as Dorothy moved away to pave way for Savior.

According to him, his attempt to pay Savior’s bride price was spurned by Moses, and he ended up paying it to Moses’uncle.

“In 1985, I married Dorothy Chourombo, and we stayed together as husband and wife. We stayed for 10 years, but unfortunat­ely our union was not blessed with any children.

“In 1995, I married her young sister, Savior. Dorothy later left our matrimonia­l home.

“In 1999, I paid Savior’s bride price. It took long for me to pay the bride price because there were some issues in the family over my decision to marry Savior.

“Savior’s uncle and his sons are the ones who later accepted my bride price. Savior’s father was already late and her brother Moses had vehemently refused to accept the bride price.

“Moses has completely refused to entertain me, and we are not on talking terms. When Dorothy left me, she went to stay with Moses. Dorothy later passed on in 2002. I went to their homestead in Gandanzara to pay my last respects, but I was advised by her relatives to immediatel­y leave the place before Moses’arrival as he had told them that he would harm me if I set my foot at his homestead.

“That night, Savior and I had to sleep in the bush and we went back home the following morning. There is still tension between me and my in-laws.

“All those who accepted my bride price are now late. My children do not know their maternal relatives as they have refused to accept me as their son-in-law. May this court assist me to smoke the peace pipe with my in-laws,” said a distraught Kundlanda.

Gogo Chourombo said Moses is the one who has a bone to chew with Kundlanda.

“He wants Moses to explain why he is not accepting him as his in-law, so Moses must be here. Moses never barred Kundlanda from Dorothy’s funeral. In actual fact, Kundlanda did not attend the funeral. I know my four grandchild­ren, but Moses has not met them,’said Gogo Chourombo.

Moses, who is based in the Middle East, sent his wife, Laiza Chourombo, to stand in for him.

Said Laiza: “Moses has never told me why he does not want Kundlanda to be part of the family. He is currently out of the country and has sent me to represent him. He suggested that he be allowed to attend this court session virtually,” said Laiza.

Savior could not contain her emotions and broke down during the court session.

The court was adjourned to April 2024 when Moses will be back in the country after it was noted that he was a key person in the matter.

 ?? ?? was adjourned to today for judgment. Prosecutor, Mr Marlon Makamba said James and Tabeth Muswere still have a binding monogamous marriage, therefore James cannot marry another wife.
“On October 27, 2001, James Muswere entered into a monogamous marriage with Tabeth Muswere at Anglican Parish of Melfort,
Accused person testified in court under oath that he was customaril­y married to the complainan­t, yet they are in a civil marriage.
“The marriage certificat­e between the accused and the complainan­t, as well as ruling for Case Number RSPCG328/23 can be produced in court as exhibits,” said Mr Makamba.
was adjourned to today for judgment. Prosecutor, Mr Marlon Makamba said James and Tabeth Muswere still have a binding monogamous marriage, therefore James cannot marry another wife. “On October 27, 2001, James Muswere entered into a monogamous marriage with Tabeth Muswere at Anglican Parish of Melfort, Accused person testified in court under oath that he was customaril­y married to the complainan­t, yet they are in a civil marriage. “The marriage certificat­e between the accused and the complainan­t, as well as ruling for Case Number RSPCG328/23 can be produced in court as exhibits,” said Mr Makamba.

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