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Chief Negomo, Tsvangirai case set for High Court hearing

by Staff reporter
04 Apr 2012 at 04:00hrs | Views
THE High Court will determine whether the decision by Chief Negomo to fine Prime Minister Morgan Tsvangirai two beasts and two sheep for an alleged taboo "marriage" was appropriate. This followed conflicting findings by two magistrates in Bindura on the same case.

One magistrate confirmed the decision and proceedings as proper while a more senior magistrate probably unaware that his colleague had dealt with the same matter set aside the chief's proceedings citing irregularities.

At law, a magistrate no matter how senior cannot review a fellow magistrate's decision.

Only the High Court has such jurisdiction.

The two magistrates made the different findings at the time the chief was seeking to attach property from the Prime Minister's residence in fulfilment of the traditional court judgment.

The traditional court found the Prime Minister guilty of paying a bride price for Ms Locadia Karimatsenga on November 22 last year.

The month of November is deemed sacred in many local cultures and it is taboo to marry or conduct rituals in the month of November.

PM Tsvangirai was fined two cattle, two sheep, a 10-metre-long piece of cloth and a ball of snuff by Chief Negomo's court. The MDC-T leader did not pay the fine, a development that resulted in the chief attempting to attach property from the premier's Strathaven house in Harare. Last month a magistrate at Bindura Magistrates' Court confirmed the traditional court's decision, but Mr Fellex Mawadze, who is in charge of Mashonaland Central province, set aside the same decision.

To rectify the conflicting findings, Mr Mawadze referred the case to the High Court where a judge is expected to make a decision on which magistrate got it right. The law provides that a provincial magistrate may use his or her discretion to refer a matter to the High Court for review whenever necessary.

The provincial magistrate in Bindura last Thursday sent the record of proceedings to the High Court.

It was allocated to Justice Bharat Patel, who is expected to either confirm or alter the chief's findings.

Chief Negomo summoned Mr Tsvangirai to the traditional court in Chiweshe, but he did not turn up. A default judgment was entered against PM Tsvangirai and he was fined.

PM Tsvangirai was jointly charged with the members of the Karimatsenga family, who attended the court session and were also fined the same number of cattle, sheep, cloth and snuff.

Asked to comment on the issue of two magistrates giving different findings, chief magistrate Mr Mishrod Guvamombe said the matter was now pending at the High Court.

"I cannot comment on the matter. The record has since been referred to the High Court and we are waiting for the superior court to determine the issue," he said.

PM Tsvangirai's lawyer, Mr Selby Hwacha, yesterday confirmed the development, but said his client was a mere spectator in the High Court review.

"A magistrate confirmed the decision of the traditional court and another one, maybe unaware that another magistrate had already ruled, quashed the traditional court's proceedings. In the High Court matter, we are mere spectators and we are not the ones that took the matter up," he said.

Source - herald