He is among several headmen accused of usurping the
authority of chiefs to whom they should be referring such cases.
Investigations by The Manica Post revealed that there are
disputes that fall under the chief’s jurisdiction (community court), which
should not be presided over by the headman’s primary court.
However, such practice directly contravenes the Traditional
Leaders Act, which prohibits transferring cases from a higher to a lower court.
Director in the Ministry of Local Government and Public
Works, Mr Fungai Mbetsa clarified the legal standing of headmen’s courts.
“You cannot transfer matters from a chief’s court to a
lower court, which is the headman’s court. That is beyond a headman’s
jurisdiction. Such matters can only be transferred back if a chief personally
authorises it. If a person is not satisfied with a headman’s ruling, they
should also escalate it to the chief’s court for review,” he said.
Headman Chigodora, who in January appeared at Mutare
Magistrates’ Court after one of his rulings was overturned on appeal, defended
his actions on Wednesday, arguing he was handling cases officially referred to
him by chiefs and other headmen.
He said he only accepts cases presented to him with stamped
transfer letters from the aforementioned offices.
“I only deal with matters referred to me. If matters
involve witchcraft, avenging spirits or goblins cannot be concluded in my
court, I refer them to the chief’s court. I do not handle cases without proper
transfer from a chief. I have realised that people hear about my skills and
wisdom on social media, and request to transfer from their chief, which has
resulted in an influx of cases from other courts,” he said.
Headman Chigodora has been handling cases from several
districts, including Chimanimani, allegedly imposing penalties above his
legally stipulated authority.
He has reportedly asked some families to raise as high as
US$9 000 for spiritual consultation to pay an avenging spirit.
“We were ordered to pay US$9 000, and we are in the process
of raising that money as a family. We were told that the money is for
appeasement as well as traditional healer consultation because apparently there
is an avenging spirit tormenting my family,” said Mr Shepherd Rusanga, whose
matter is currently pending before the headman’s court.
The cases at Headman Chigodora’s court often involve
demands for appeasements that by far surpass the maximum limit of two cattle,
essentially encroaching into his superior, Chief Zimunya’s territory.
The blatant overreach has been compounded by allegations
from the community that Headman Chigodora runs his court in a hostile and
intimidating manner.
They described his as a “court of bullies” where litigants
are allegedly not allowed to speak freely as they are intimidated and bullied
into compliance.
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