Tendai Chitsatse (44) allegedly abused his late brother’s
daughter, Chenai Chitsatse, who is now 25 years old.
The children born from the unholy union are aged nine,
five, two and three months.
Both Chitsatse and his niece-cum-wife are facing charges of
having sexual intercourse within a prohibited degree of relationship as defined
in Section 75(2)(1) of the Criminal Law (Codification and Reform Act), Chapter
9:23.
When The Manica Post visited Nyanga last week, the
community was outraged by the incestuous relationship and called for
Chitsatse’s arrest and banishment from the area.
Incest is a sexual relationship between people classed as
being too closely related to marry each other.
It is taboo and criminal in Zimbabwe.
To avoid being unmasked, Chitsatse had for the past 10
years been hoping from one place to the other with his family.
ln an interview with The Manica Post, Chitsatse said his
family stayed in Nyanga, Macheke, Marondera and many rural areas, adding that
they would move as soon as he suspected that someone would have gotten wind of
their relationship.
He revealed that he
started raping his niece when she was only 15 years old after he took her into
his custody.
Her parents had already died.
“I would leave my wife in our bedroom and go to my niece’s
room to rape her. I do not know what was happening, I think an evil spirit
blinded and led me astray,” said Chitsatse.
At that time, they were staying in Nyanga and when
Chitsatse realised that he had impregnated his niece, he left his wife and took
his victim to Macheke where they started stayed together as husband and wife.
“In Macheke, my niece told a neighbour that I had raped her
and that I was her uncle. A police report was made and I was arrested in 2014.
The matter was dealt with at Marondera Magistrates’ Court, but I was acquitted
due to lack of evidence. The court ruled that the matter should be dealt with
by a traditional court. We continued staying together as husband and wife, but
our life was now nomadic.
“I admit that I erred and I am asking for forgiveness,” he
said.
The shocking case came to light when the woman’s
half-brother, Mr Orient Mafukidze who had lost contact with Chitsatse’s victim
20 years ago tracked her down.
After locating his half-sister and also discovering that
her husband was her uncle, an outraged Mr Mafukidze reported the matter to
Acting Chief Saunyama’s court.
The case was heard by the traditional leader recently
before he referred it to the police.
Said Mr Mafukidze: “When our mother passed away, we were
left in her elder sister’s custody. However, her brothers sent us packing. I
ended up with the Mafukidzes while my sister went to the Chitsatses.
“We were orphans and no one wanted us. When I turned 20, I
started looking for my sister, but no one knew where she was. My aunt only knew
that my sister had gone to stay with the Chitsatse family.
“For seven years, I looked everywhere for her but failed to
locate her because her uncle would shift base each time he heard that I was
looking for her,” narrated Mr Mafukidze.
However, this did not deter Mr Mafukidze’s search.
“I eventually heard where they had recently shifted to
Nyarumburwa Village. I went there and managed to meet my sister. I was so happy
to meet her and her husband, not knowing that he was her uncle.
“However, when I later talked to her alone, she told me
that she did not know what to do as she was in an incestuous relationship and
indicated that she desperately needed to be set free,” Mr Mafukidze wept as he
narrated.
The woman said she endured the abusive relationship as she
had nowhere else to go.
“At first, I did not know that my uncle was raping me. I
thought I was dreaming as he would do it while I was in a deep slumber. I later
realised what was happening when I fell pregnant and told a neighbour.
“I did not have anywhere else to go. My paternal
grandparents did not want to take me in and I did not know my maternal family.
“Each time we moved,
I would tell our new neighbours about my predicament and whenever my uncle
picked it up, we would move again,” said the woman.
She begged the court to rescue her from her monstrous
uncle, adding that she has tried to do so over the past decade.
Acting Chief Saunyama said Chitsatse abused his role as the
young girl’s guardian and sexually abused her.
He said Chitsatse deserves a custodial sentence.
“You were given custody of this child and turned her into
your wife. You abused her, thereby abusing your authority. You should be
incarcerated. You are a danger to the orphaned girl child and I will only deal
with this matter after the criminal court is done with you,” he said.
The matter has since appeared before Nyanga Magistrates’
Court where the couple is facing charges of having sexual intercourse within a
prohibited degree of relationship.
Nyanga magistrate,
Ms Notebulgar Muchineripi presided over the case, while Mr Nyasha Sesenyani prosecuted.
Mr Sesenyani said on an unknown date, but during the period
extending from 2014 to September 9, 2023 in Nyanga, Tendai and Chenai
unlawfully had a sexual relationship.
Sometime in July 2014, Tendai took custody of Chenai since
her parents had died. During the stay, Tendai and Chenai had consensual sexual
intercourse and stayed as husband and wife.
“The matter came to light when Chenai’s brother who was
looking for her found her staying with Tendai. Their union had been blessed
with four children.
“The matter came as a tip off from Chief Saunyama’s court,
leading to the arrest of the two,” said the State.
The pair was not asked to plead and was remanded to October
5. Tendai was remanded in custody, while Chenai was remanded out of custody.
Section 75 (d) of the Criminal Law (Codification and
Reform) Act, Chapter 9:23, states that a sexual relationship between an uncle
and his niece – where either or both of the parties know or realise that there
is a real possibility that they are related to each other – shall be guilty of
having sexual intercourse within a prohibited degree of relationship and wil be
liable to a fine up to or exceeding Level 14 or imprisonment for a period not
exceeding five years or both.
The Constitution further declares that it is criminal for a
male person to have sexual intercourse with a female person who is related to
him without her consent.
According to the Zimbabwe Gender Commission (ZGC), at least
22 women are raped daily in Zimbabwe, with an average of one rape taking place
every 75 minutes. Manica Post
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