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Chief Makoni recently overturned the ruling by a headman’s court that had found a villager guilty of having an affair with his neighbour’s wife.
The complainant, Taurai Nyamukachi, claimed that his children informed him that their mother was having an illicit affair with a neighbour, Arthur Mugoti.
Nyamukachi of Maparura Village approached Chief Makoni’s court after Mugoti allegedly reneged on his pledge to compensate him for having an affair with his wife when the matter was brought before Headman Maparura’s court.
According to <a href="https://www.manicapost.co.zw/children-sell-out-cheating-mom/">The Manica Post</a>, Nyamukachi told Chief Makoni’s court that his children and other villagers tipped him off about the alleged affair between Mugoti and his wife, which led to their divorce. He said:
<blockquote>
Whenever I was away from home, Mugoti would visit my homestead. He would take my wife away and bring her back in the evening.
I was informed of this development by my own children who were fed up with their mother’s unbecoming behaviour.
Fellow villagers whom I had contracted to sink a well at my homestead also informed me of Mugoti’s frequent visits to my homestead during my absence.
At one time Mugoti came during the evening when I was around and my wife rushed to the door to inform him of my presence. My son who is doing Form Four saw him.
My son and his sibling informed me that their mother and Mugoti were seeing each other.
I reported the matter to Headman Maparura’s court. Mugoti pleaded guilty before the court and was fined a beast and three goats but he is now refusing to pay the fine.
Before the matter appeared at the village court, my mother-in-law gave me a divorce token and took her daughter away.
We are divorced now. I want Mugoti to compensate me with eight cattle for ruining my marriage.
</blockquote>
However, Mugoti denied the allegations, saying he only visited Nyamukachi’s homestead to buy tomatoes and was never in a relationship with his wife. Said Mugoti:
<blockquote>
I visited Nyamukachi’s homestead twice to buy tomatoes. He later called me to his homestead and confronted me about dating his wife and I denied that.
He took the matter to the headman’s court, but he failed to provide evidence of my alleged affair with his wife.
He later shifted goalposts and said I should pay him for setting foot on his homestead. I was fined a beast and two goats and I am disputing the ruling.
</blockquote>
In its ruling, Chief Makoni’s court cleared Mugoti of any wrongdoing, saying Nyamukachi had failed to provide evidence to prove the alleged illicit relationship between Mugoti and his ex-wife.
The court quashed the headman’s ruling and said visiting someone’s homestead does not constitute cheating, adding “One cannot be fined for visiting a neighbour’s homestead”.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Pindula News

Chief Makoni's Court Quashes A Headman's Ruling In Adultery Case

A woman from Headlands in Manicaland Province was left disappointed last week after she approached a traditional court with the intention of suing her husband’s alleged mistress.
Resinita Makukutu appeared before Chief Makoni’s court seeking the court to order Nyasha Nyarai of Zambara Village, Headlands to pay her three beasts as compensation for allegedly dating her husband.
Makukutu is legally married to Jefter Makukutu under Chapter 5.11.
She, however, left Chief Makoni’s court empty-handed after she was advised to approach the High Court for recourse.
Nyarai absconded the court hearing.
Sometime in 2022, Nyarai’s husband dragged Makukutu’s husband to the same court, accusing him of dating his wife but the case was dismissed due to lack of evidence.
Resinita alleged that she once confronted Nyarai over the issue and she promised to end the relationship, but their affair is still on. She said:
<blockquote>
Nyarai has been dating my husband, Jefter Makukutu, since 2014. I came across some love messages on my husband’s phone.
The woman’s husband once reported my husband to this court over the two’s illicit affair but the case was thrown out due to lack of evidence.
Nyarai and her husband have since divorced because of this affair and she has relocated to South Africa.
I have messages that I extracted from my husband’s phone where he was chatting with Nyarai’s aunt.
My husband listed down what he had bought for Nyarai when she wanted to end the relationship.
He was complaining to her aunt. Jefter bought a fridge, a cow, five goats and clothes for her.
He sent Nyarai’s kids to school and spruced up her parent’s homestead. He even promised to buy her a residential stand in Marondera.
</blockquote>
Resinita added that she is married to Makukutu under Chapter 5.11 and wanted to be compensated with three herd of cattle.
However, the court ruled that she had brought her case before the wrong court.
Chief Makoni ruled that a woman cannot sue another woman for adultery in a community court. He said:
<blockquote>
If you are married under Chapter 5.11 of the Marriage Act, this community court cannot hear your case. Only the High Court has the authority to preside over disputes emanating from the said Act.
Community courts preside over customary marriage issues. Keep the evidence you have and Nyarai’s former husband will be your key witness at the High Court.
However, even if you were married under customary law, this court was not going to handle the matter. Men are allowed to marry as many wives as they want.
That is acceptable and normal traditionally. A woman cannot sue another woman for adultery in a community court.
</blockquote>
The Marriages Act, which came into operation in September 2022, recognises the following types of marriages:
<ul>
<li>A civil marriage which is a monogamous marriage between a man and a woman.</li>
<li>A registered customary marriage which is potentially polygamous and done according to customary rites.</li>
<li>A qualified marriage which is a union contracted according to religious rites which is not registrable as civil or customary marriage and is potentially polygamous.</li>
</ul>
| <a href="https://www.manicapost.co.zw/nothing-wrong-with-polygamy-chief-makoni/">The Manica Post</a>

A Woman Can Not Sue Another Woman For Adultery, Says Chief Makoni

A man from Chief Makoni’s area who had a sexual relationship with his sister’s daughter in 2004 who was aged 15 at that time, recently confessed to the abominable act after facing several misfortunes in his life.
Weston Mugocha of Muchekabuwe Village approached Chief Makoni’s court to confess the statutory rape/incest which he committed 18 years ago when he was 32 years old.
Mugocha told the court that a traditional healer told him that he needed to be cleansed first before his problems could be addressed. He said:
<blockquote>
Some years ago I committed an abomination. I don’t know what got into me. I slept with my sister’s daughter. I am appearing before this court to own up to my evil deeds.
I was experiencing some misfortune in my life and last year I approached a traditional healer in Harare.
I was told that the endless misfortunes were a result of the incest with my niece.
The traditional healer advised me to come and confess before this court and seek guidance on how to settle this matter.
Both families have agreed that this matter must be brought to finality and I am going to foot all the expenses.
I have already secured a white beast for the cleansing ceremony.
</blockquote>
Testifying before the court, the man’s niece said she consented to the sexual act. She said:
<blockquote>
This shameful act happened in 2004 when I was 15 years. I was not raped by my uncle, but he just took advantage of my youthfulness to lure me into a sexual relationship.
We were in love and he is the one who broke my virginity.
</blockquote>
Chief Makoni ordered Mugocha to provide a pure white beast that will be slaughtered for a cleansing ceremony (cheka ukama) and one beast as fine for the court.
The chief further ruled that for breaking his niece’s virginity, Mugocha should pay her one beast (mombe yechimanda).
Chief Makoni said incest is a very serious offence that can alienate relatives.
He then explained how the meat from the beast for “cheka ukama” should be shared. He said:
<blockquote>
After the beast is slaughtered, Mugocha’s mother and the victim’s mother will get the back portion (musana).
The fathers (madzisekuru) will get the shoulder (bandauko). The headmen who will supervise the ceremony will be given the brisket (chityu).
All the meat must be consumed on the same day. The people gathered there must be told the reason for the feast.
Mugocha and your niece should be present, but they are not allowed to eat the meat. They have to watch as others feast.
There will be no beer consumption as this is not a celebration. A traditional healer should also be present.
</blockquote>
| <a href="https://www.manicapost.co.zw/inceststatutory-rape-exposed-18-years-later/">The Manica Post</a>

Man Confesses To Statutory Rape/Incest 18 Years Later

Chief Makoni recently led hundreds of his subjects to demonstrate against what they consider the annexation of their ancestral land by the Ministry of Local Government and Public Works.
The protestors blocked the Mutare-Harare Road in Rusape for nearly an hour as they sang Chimurenga songs in protest over the takeover of their land.
Chief Makoni, born Colgan Simbayi Gwasira; his wife, Redempter Gwasira; headmen, village heads and several other clansmen led the protestors on Wednesday last week.
The procession marched from Chief Makoni’s Court along Chingaira Street and went to Manda Avenue and then Chimurenga Street, which is part of the Mutare-Harare Highway, thereby blocking traffic.
Chief Makoni and his wife sat on the tarmac as they were circled by their singing subject and attempts by the police to disperse them were fruitless.
The demonstration was sparked by the publishing of a Government Gazette that showed that a huge chunk of Chief Makoni’s land was allocated to Chiefs Chiduku, Tandi, Chikore and Chipunza, reported <a href="https://www.manicapost.co.zw/chief-makoni-demonstrates-against-boundaries/">The Manica Post</a>.
Last month, Chiefs Chiduku and Tandi reportedly began moving into Chief Makoni territory and installing headmen and village heads, a development said to have angered Chief Makoni.
Speaking during an interview with The Manica Post, Chief Makoni said that a large part of his territory had been taken away from him. He said:
<blockquote>
Three weeks ago a chief director in the Local Government ministry, Mr (Felix) Chikowo addressed rural district councils’ chief executive officers and said he had been sent by Local Government and Public Works Minister July Moyo to advise Makoni Rural District Council that the issue of boundaries had been settled. It was declared that he had given Chiefs Chiduku and Tandi our land.
All the southern parts of Makoni, including those under substantive headmen Masvosva, Bvekerwa, Mupambawahle, Rukweza, Nyamombe and all resettlements such as Romsely and Nyamapembere, are said to have been allocated to the two chiefs.
They also took our sacred mountains such as Chirimutsitu which the whites christened the Devil’s Pass after a lot of them perished during a war. They also took Mt Manda and the entire Rusape town.
To the west, they gave it to Chief Tandi, the entire Headlands have been allocated to Chief Chipunza and North East has been allocated to Chief Chikore. This means about 90 percent of the Makoni territory has been allocated to other chiefs.
We are now only left with Gandanzara, Chiendambuya north and Dowa. It is like South Africa losing its vast territory to countries like Swaziland and Lesotho, can you imagine that?
This issue started in 2017, but we challenged the move and the Government Gazette was withdrawn. 
Now Minister Moyo has escalated the matter to another level and we approached him raising our objection, but he told us that our Makoni District belongs to the Rozvi Dynasty.
</blockquote>
In a statement, the Ministry of Local Government and Public Works said Chief Makoni approached the High Court appealing against a proclamation that was made in a Government Gazette that placed communities in Rusape resettlement under five Rusape chiefs after consultations as required by Section 29 of the Traditional Leaders’ Act.
The statement said the matter was thrown out by the High Court and Chief Makoni was supposed to appeal to the Supreme Court if he was not happy with the High Court ruling, rather than engaging in an illegal demonstration.
Secretary for Manicaland Provincial Affairs and Devolution, Edgars Seenza, said he was aware of the demonstration and was waiting for a detailed report from the Makoni District Development Coordinator which will be forwarded to the Ministry of Local Government and Public Works.
Zimbabwe Council of Chiefs, Manicaland Chapter chairman, Chief Makumbe condemned the demonstration. He said:
<blockquote>
We were surprised to hear that Chief Makoni resorted to a demonstration to air his grievances. He took us to court over the issue and a ruling was made. 
If he was not happy with the outcome, he knows the proper channels to follow. By demonstrating, he was doing so against who and to get what? Did he exhaust all the prescribed channels to have his grievances heard?
We condemn such behaviour as it is uncultured. As traditional leaders, we should lead by example. It is unheard of for a traditional leader to lead his or her subjects to revolt against the Government. Disputes should be solved using laid down procedures and not taking the law into our own hands.
We should revisit the Traditional Leaders Act and incorporate the issue of disciplinary measures that will be meted on violators of the law and policies.
</blockquote>

Chief Makoni Blocks Highway Protesting 'Annexation' Of His Land

A man from Makoni District, Manicaland Province, reportedly assaulted his married neighbour after she turned down his love proposals.
Rabhani Dzveta of Nyamombe Village allegedly attempted to entice Pamela Mafuta, whose husband stays in Botswana, into an adulterous relationship.
Mafuta told the traditional court that Dzveta assaulted her after she spurned her advances twice. She said:
<blockquote>
Dzveta visited my homestead and proposed love to me and I turned him down. He came back on the second day and I turned him down again.
He became angry, asking why I was refusing to date him. He said l was dating other men in the village. He attacked me until I fell down.
My two children witnessed the whole drama. He has no shame at all because his wife is my friend. He is also in the habit of hitting his wife.
</blockquote>
However, Dzveta denied ever proposing love to Mafuta but admitted that he assaulted her in retaliation. He said:
<blockquote>
She is lying that I proposed love to her. We fought after I barred her from socialising with my wife.
She is not of good moral standing, so I don’t want her to influence my wife.
However, my wife is also defying my instructions and continues to befriend Mrs Mafuta. I have failed to control these two women.
I approached Mrs Mafuta and told her to stay away from my wife. This angered her and she assaulted me.
I retaliated, but now she is cooking up stories that I proposed love to her.
</blockquote>
In his ruling, Chief Makoni ordered Dzveta to pay a fine of two beasts and a goat for beating up his neighbour’s wife. Said the chief:
<blockquote>
We do not tolerate violence against women. Men should protect women but you are behaving like a village bully, moving around beating other men’s wives.
</blockquote>
<h4>More: <a href="https://www.manicapost.co.zw/bashed-for-spurning-love-proposal/">The Manica Post</a></h4>

Married Woman Assaulted For Rejecting Love Proposal

A community court in Makoni District has fined two villagers twelve (12) cattle for causing rampant deforestation in the area.
Chief Makoni’s court found Elvis and Jimmy Wilson guilty of excessive cutting down of indigenous trees for sale.
Headman Omega Gwasira was the complainant. He told the court that the duo was cutting down trees using chainsaws and then selling the wood to tobacco farmers. He said:
<blockquote>
Elvis and Jimmy Wilson are using chainsaws to cut down trees and sell the wood to tobacco farmers for use in curing their tobacco.
I confiscated one of their chainsaws, but they have since reported me to the police saying I stole it.
They are operating every day with chainsaws and lorries to ferry the wood to their clients.
Even after being served with a summons to appear before this court, they didn’t stop their operations.
</blockquote>
In passing the sentence, Chief Makoni said it was imperative to impose deterrent sentences as deforestation was getting out of hand.
He, therefore, ordered the duo to pay a fine of 12 cattle. Said the traditional leader:
<blockquote>
The issue of deforestation has gone out of hand. We recently had a meeting at Makoni Rural District Council where we agreed to up our game in curbing deforestation.
We cannot fold our hands and watch as people cut down our trees and destroy the environment. The rate of deforestation is shocking.
Our forests are now seriously depleted and this exposes us to the effects of climate change. If we do not act now, we will end up with deserts.
We should impose deterrent sentences on those causing deforestation in our communities so that we send a clear message that we are serious about protecting the environment.
</blockquote>
<h4>More: <a href="https://www.manicapost.co.zw/penalised-12-cattle-for-deforestation/">The Manica Post</a></h4>

Duo Fined 12 Cattle For Excessive Deforestation

A Rusape traditional leader fined a local man two goats and US$55 after he found him guilty of accusing his elderly neighbour of bewitching his mother who is now late.
Chief Makoni presided over a case in which Russell Murembe of Nyahukwe Village also accused Gogo Maria Gowora of causing his wife’s infertility.
The US$55 that Murembe was ordered to pay by Chief Makoni’s court was the restitution for a similar amount the complainant used to process court papers.
Gogo Gowora told the court that she was living in fear of death after Murembe stormed her home, armed with an axe and threatened to cut her to pieces. She said:
<blockquote>
I was at my homestead going about my daily chores when Murembe came armed with an axe, threatening to hack me for bewitching his mother. I have been living in fear since he threatened to strike me with the axe.
I knew his mother very well. I treated his mother as my daughter-in-law. His mother was sick for a very long time and died in 2003.
She was very sick and I tried to explain all this to him, but he insisted that I was the one who bewitched her.
As if that was not enough, he came up with another accusation that I am the one preventing his wife from conceiving.
</blockquote>
She said sometime in 2018, she went with Murembe’s wife to a nearby mountain to fetch firewood and came across a fertility-enhancing herb. Said Gogo Gowora:
<blockquote>
l recommended it to her and plucked part of the plant and chewed on it as proof that it was not poisonous.
I picked gavakava (aloe) and recommended it to his wife so that they would drink it together. I did it in the hope that it would help her conceive.
I chewed part of the plant in the presence of his wife. Now he is accusing me of giving his wife a poisonous plant to kill him.
</blockquote>
Murembe denied ever accusing Gogo Gowora of witchcraft saying she was not happy with the fact that she gave his wife some herbs as this made it appear as if she was responsible for her infertility.
Murembe’s wife, who was in the gallery, exonerated Gogo Gowora, saying she gave her the herb out of genuine concern.
Chief Makoni ordered Murembe to stop harassing Gogo Gowora:
<h4>More: <a href="https://www.manicapost.co.zw/two-goats-for-witchcraft-accusations/">The Manica Post</a></h4>

Man Fined Two Goats For Witchcraft Accusation

A clan member of the Makoni chieftainship, Philip Muswere has dragged president Emmerson Mnangagwa to the High court accusing him of neglecting his constitutional duties of resolving a wrangle amongst clan members.
Muswere argues that according to customs and practices of Makoni people, a member of the Muswere clan was supposed to be appointed chief Makoni following the death of Naboth Nyakurerwa Gandanzara. However, Gwasira was appointed instead. Muswere said:
<blockquote>In terms of the customs and practices of the Makoni people, a substantive chief was supposed to be appointed by the family of Mukuwapasi in consultation with the spirit mediums.
The Mukuwapasi(s) in consultation with the spirit mediums nominated the Muswere clan as next in line of succession to provide a candidate for appointment to chieftainship.</blockquote>
The plaintiff accuses Mnangagwa, Local Government minister July Moyo and the Provincial Assembly of Chiefs for Manicaland Province for neglecticting their responsibilities associated with the matter. Muswere said:
<blockquote>The failure by the first, second and third respondents to solve the chieftainship, was wrongful and unlawful. Plaintiff now seeks a declaratory order compelling the first, second and third defendants to solve the Makoni chieftainship dispute.</blockquote>
He is now seeking the issue to be resolved within 60 days from the date of the court order if the court rules in his favour, failure of which he said Gwasira’s appointment must be nullified.
<h3>Related:</h3>
<ul>
<li class="entry-title"><a href="https://news.pindula.co.zw/2017/12/07/white-farmers-get-makoni-land-back-mnangagwa-administration-reverses-decision/" rel="bookmark">White Farmers To Get Makoni Land Back After Mnangagwa Admin Reverses Decision</a></li>
<li class="entry-title"><a href="https://news.pindula.co.zw/2017/09/11/chief-makoni-court-failing-return-subjects-cattle/" rel="bookmark">Chief Makoni in court for failing to return subjects’ cattle</a></li>
</ul>
More:<a href="https://www.dailynews.co.zw/articles/2019/04/30/ed-sucked-into-makoni-chieftainship-wrangle" rel="noopener noreferrer" target="_blank"> Daily News Zimbabwe</a>

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