The case was
heard at Chief Makoni’s community court, where Michael Dzomba dragged his
brother, Itai Mashumba, demanding the return of the property.
The two men,
who belong to the same clan, have been locked in a bitter dispute since the
alleged affair, which occurred during Mashumba’s troubled marriage.
Dzomba
testified that Mashumba had taken the law into his own hands, bypassing proper
procedures for reporting adultery and instead confiscating his property without
consent.
The court heard
that Dzomba admitted to having a relationship with Mashumba’s wife, which led
to the birth of a child. Mashumba, however, insisted he had not acted alone.
“I did not take
the matter into my own hands. I did this in the presence of Sabhuku Madziro,
who also witnessed the signing of the payments,” he told the court.
Sabhuku Madziro
corroborated Mashumba’s account, claiming the two parties had reached an out of
court settlement and that Dzomba was now reneging.
“Dzomba had a
relationship with Mashumba’s wife for three years, and they bore a child
together. When I heard the case, I referred it to Headman Fusire. The two
parties agreed to settle the matter out of court. That is what I know,” said
Madziro.
In his ruling,
Chief Makoni declared the process invalid, noting that no formal judgment had
compelled Dzomba to pay Mashumba. He ordered the immediate return of the seized
property.
“Courts were
set up to resolve disputes between people. What Mashumba did was extortion,
because Dzomba paid under duress. He should have reported the adultery case
properly and had it handled by a competent court. Confrontation can lead to
serious outcomes. Only the messenger of this court has the authority to attach
a person’s property. Mashumba is ordered to return the beasts, goat, and
grinding mill to Dzomba, and then report the adultery case properly,” ruled
Chief Makoni.
Mashumba then
immediately made a counter-report of adultery against Dzomba, telling the court
that he saw messages in his wife’s phone where she was informing him that their
last-born child was his.
He added that
his wife and Dzomba had admitted the allegations.
“I saw messages
in my wife’s phone – she was communicating with Dzomba, informing him that our
last-born was his child, and Dzomba said that he was fine with it. My wife
admitted dating Dzomba. I confronted Dzomba in the company of Sabhuku Madziro,
and he admitted dating my wife.
“I informed my
father-in-law, who advised me to solve the matter amicably.
My
father-in-law later came and accompanied me to Dzomba’s homestead. Dzomba left
us at his homestead in the afternoon, claiming that he was looking for some
money, and returned the following morning. He came back with Sabhuku Madziro.
We had negotiations over the matter, and we reached an agreement that he was to
compensate me with three beasts, goat, and grinding mill,” said Mashumba.
Dzomba admitted
to dating Mashumba’s wife, but told the court that he was doubting the child’s
paternity.
“I am not
denying that I dated his wife. What I am doubting is the child’s paternity
because ‘tiri two-in-one ipapa’. Can this court direct us to go for DNA tests
for the truth to be revealed,” he said.
Mashumba’s
wife, whose name was not disclosed in court, also admitted to cheating with
Dzomba and confirmed that he was the child’s father.
“Dzomba is the
father of the child. I am sure because the time I was dating him, I was not
sleeping with my husband,” she said.
Chief Makoni
found Dzomba guilty of adultery with aggravating circumstances and ordered him
to pay Mashumba three beasts.
He also ruled
that the grinding mill be returned to Dzomba.
“For clarity on
paternity, there is a need for a DNA test. Dzomba is fined a beast for
adultery, another beast for being intimate in Mashumba’s kitchen, and another
for the three years the woman was denying her husband conjugal rights while he
was benefiting. The grinding mill should be returned to Dzomba. Dzomba is
ordered to meet Mashumba’s US$40 cost of suit,” ruled Chief Makoni. Manica Post
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