Marshall Bwanya
Gokwe—A paramount chief, Misheck Njelele of Gokwe, recently seized 16 cattle belonging to eight residents of Zebedia Village for purported offences that never went to trial, it has emerged.
Traditional justice requires that community members accused of committing crimes must be brought before a local court and convicted before a fine can be imposed.
Zebedia Village is under the leadership of headman Cuthbert Sibanda Fundikwa.
The villagers’ cattle were confiscated following accusations that they had worked on a Thursday, which is locally designated as chisi, a sacred day of rest when no-one must do any job outside small domestic chores.
The affected villagers are Khumbulani Dube, Learnmore Gobhoza, Tawanda Mafefe, Trust Ncube, Nelson Ncube, Richard Dube, and two others identified only as Madzivire and Madzore.
These villagers were neither summoned to Chief Njelele’s traditional court nor given an opportunity to defend themselves before the cattle were seized.
The seizure was carried out by the chief’s messengers, Milton Mazhambe and Thomas Nemangwe, who were accompanied by an armed police officer from Gokwe Central Police Station.
On 14 November 2024, an emissary from the chief visited the village, questioning why residents were working on a Thursday and allegedly demanding US$25 bribes so that he would not report the violation.
Subsequently, on 15 January this year, Chief Njelele sent a team of eight people–including his messenger and a police officer armed with a rifle—to seize the cattle.
“The messenger came with a police officer armed with a rifle and forcefully took our cattle without giving us a chance to speak.
“They said the chief had ordered it. We tried to explain, but they wouldn’t listen,” Elton Ncube, a relative of one of the victims, said. “They didn’t allow us to defend ourselves, which is wrong.”
Attempts by the villagers to open a case relating to the seizures at Gokwe Central Police Station were thwarted when a named senior officer reportedly refused to file a docket despite acknowledging to the villagers that confiscating cattle without summons was a criminal offence.
Chief Njelele confirmed ordering the seizure but declined to comment on its legality, declaring that he did not want engage the media before cutting the phone.
The incident has drawn condemnation from Anti-Corruption Trust of Southern Africa (ACT-SA), which first highlighted the case through its platform, ACTSALeaks.
Obert Chinhamo, ACT-SA’s director, emphasised the need to educate traditional leaders on their powers.
“There might be need for capacity building targeting all chiefs since this is not an isolated case,” said Chinhamo.
He alleged that chiefs were also in the habit of presiding over criminal cases which they did not have authority to handle, among them rape.
Ninety-five year-old Philimon Machaile from the Forest area under Chief Njelele, it was revealed, was made to pay a penalty of three cattle after his nephew raped a local girl.
According to ACT-SA, the cattle seizures have brought trauma to the victims, with one of them, Khumbulani Dube, reportedly collapsing and dying on 5 February 5.
Legal expert Paida Saurombe criticised Chief Njelele’s actions, stating that they violated fundamental principles of natural justice and provisions of the constitution.
“A person cannot be judged in their absence. The rules of natural justice were certainly violated,” said Saurombe.
Attempts to talk to national police spokesperson, Paul Nyathi, were unsuccessful as his phone went unanswered and he did not respond to written questions sent to him.