The ManicaPost
Lovemore Kadzura Post Correspondent—
IT seems controversy and Chief Makoni are inseparable, as he is alleged to have refused to abide by a court ruling which ordered him to return six beasts he had attached from his subjects.A Chitungwiza-based couple filed a criminal report against the embattled chief in January this year after they successfully appealed against their ‘conviction’ and the attachment of their six beasts by Chief Makoni. Efforts to reclaim their beasts were in vain despite being armed with a court order compelling the chief to return the beasts.
Tobias Nyambodza and his wife Elizabeth, were never served with court papers to appear before Chief Makoni’s traditional court and they were also not aware of the offence they were accused of, but Chief Makoni allegedly went on to deliver a ‘default judgment’ and proceeded to attach the six beasts.
This is the stage at which the Nyambodzas became aware that they had a case to answer before Chief Makoni.
The couple who are represented by Mr Leonard Chigadza of Chigadza and Associates lodged an appeal at Rusape Civil Court and provincial magistrate, Ms Patience —Ururu Madondo upheld the appeal saying the appellants (the Nyambodzas) were not served when the matter was heard at the chief’s court, hence their right to be heard was violated.
Police opened a docket against the chief, but never arrested nor served him to appear in court. This riled the Nyambodzas prompting Mr Chigadza to write thrice to the police enquiring why they were not arresting Chief Makoni.
In August, police served Chief Makoni’s lawyers and they came to court without him prompting the trial magistrate ordering the State to serve Chief Makoni in his personal capacity.
Livid over the seemingly snail pace the police were taking to bring Chief Makoni to court, Mr Chigadza wrote a letter of complaint to ZRP Rusape Urban which he also copied to District Prosecutor, Mr Tirivanhu Mutyasira, Clerk of Rusape Magistrates’ Court and Officer Commanding Rusape Police, Chief Superintendent Garikayi Gwangwawa.
