The ManicaPost
Tendai Gukutikwa
Post Reporter
A NYANGA magistrate has overturned a fine imposed on a villager by a traditional court for wearing a red hat.
Mr Peter Makunura (76) of Tamunesa Village appealed to the Nyanga Magistrate’s Court after his minor grandson was accused of violating the area’s customs by donning a red hat during the rainy season.
When the matter was heard at Headman Fungai Mushonga’s court, Mr Makunura’s grandson was fined four goats, two chickens and US$20.
He was also found guilty of undermining the authority of the headman.
Headman Mushonga then sent his Messenger of Court to attach Mr Makunura’s livestock.
According to the area’s customs and traditions, it is taboo to wear anything red during the rainy season.
The incident happened in January.
In passing her ruling last week on Friday, Nyanga magistrate, Ms Notebulgar Muchineripi said Headman Mushonga failed to explain the reasons behind his ruling.
In addition, Ms Muchineripi said Headman Mushonga was wrong to summon a minor to appear before his court without a parent or guardian.
“The customary law and laws of this land do not allow Headman Mushonga to act in the manner that he did. He failed to give reasonable reasons on why he reached this verdict. He also summoned a minor without giving him the option to have his guardian presence and that is unlawful,” reads Ms Muchineripi’s judgement.
Mr Makunura was represented by Zimbabwe Lawyers for Human Rights lawyers, Mr Kelvin Kabaya and Ms Peggy Tavagadza who filed an application for review of the proceedings presided over by Headman Mushonga and asked for the ruling to be set aside.
Mr Makunura’s legal representation also argued that Headman Mushonga’s decision to summon a minor to appear before his court without a guardian present was unlawful.
They also argued that Headman Mushonga’s decision to send his Messenger of Court to attach Mr Makunura’s property when he (Mr Makunura) was not a party in the initial matter was grossly irregular.
“Mr Makunura was never a party to the proceedings and was never summoned to appear in the primary court, and therefore this was grossly irregular and illegal.
“The decision by Headman Mushonga to enter a judgment in default in circumstances involving a minor child was grossly irregular and induces a sense of shock and revulsion,” presented the lawyers.
They asked the court to set aside Headman Mushonga’s judgment, adding that he be ordered to pay back Mr Makunura’s four goats, two chickens and US$20 attached by his Messenger of Court.
ln his defence, Headman Mushonga cited the customs and traditions of the land.
He said it is taboo for Nyanga people to wear red clothes during the rainy season, adding that it is his role as a traditional leader to safeguard these customs and traditions.
He also argued that he was not aware that Mr Makunura’s grandson was a minor.
Ms Muchineripi ordered Mushonga to return Mr Makunura’s livestock within seven days.
