News / National
81-year-old chief sentenced to two months in jail
29 Apr 2012 at 00:44hrs | Views
A Karoi magistrate recently sentenced Chief Noah Dendera of Hurungwe to two months in jail after convicting him of contempt of court.
Magistrate Mrs Nyaradzo Ringisayi, however, wholly suspended the sentence on condition that the 81-year-old realm leader and his co-accused, Conward Kapengautowa (70), do not commit a similar offence in the next five years.
Dendera's charges arose some time early this year when he defied a court interdict barring him from dismissing one of his village heads.
In 2008, he dethroned one of his village heads, Phone Ruzvidzo, whom he accused of insubordination.
Dendera claimed Ruzvidzo, among other acts of misconduct, had resettled two villagers in uninhabitable areas against his command.
He then went on to appoint Conward Kapengautowa the new village head, contravening the Traditional Leaders Act procedures.
This did not go down well with Ruzvidzo, who later successfully applied for a court interdict at the Karoi Magistrates' Court in December last year.
In granting the court order on December 10 last year, magistrate Mr Obedience Matare blamed Dendera for failing to execute his duties properly in regard to the appointment of headmen and disciplinary procedure.
Where a headman committed an offence or misconduct, magistrate Matare said, chiefs were governed by Section 8 and 10 of the Traditional Leaders Act (Chapter 29; 17) under which a chief can only appoint a headman subject to the approval of the district administrator, who is the assignee of the Minister of Local Government, Rural and Urban Development.
The court barred Dendera from remo- ving Ruzvidzo from his village head status since it was the DA's mandate to do so.
Dendera was also barred from further breaching the provisions of the Act.
However, he ignored the order and continued to isolate Ruzvidzo, barring him from attending ward meetings and performing his roles.
With the blessings of Dendera, Kapengautowa also continued to act as the village head although he had been cited as the first respondent in Ruzvidzo's court application.
In March this year, Ruzvidzo took the matter back to the courts, resulting in Dendera being convicted of contempt of court a fortnight ago.
In suspending the sentence she had imposed on Dendera and Kapengautowa, Mrs Ringisayi said the two were first offenders who were both dependants and of advanced age.
She strongly warned Dendera against defying court orders.
Magistrate Mrs Nyaradzo Ringisayi, however, wholly suspended the sentence on condition that the 81-year-old realm leader and his co-accused, Conward Kapengautowa (70), do not commit a similar offence in the next five years.
Dendera's charges arose some time early this year when he defied a court interdict barring him from dismissing one of his village heads.
In 2008, he dethroned one of his village heads, Phone Ruzvidzo, whom he accused of insubordination.
Dendera claimed Ruzvidzo, among other acts of misconduct, had resettled two villagers in uninhabitable areas against his command.
He then went on to appoint Conward Kapengautowa the new village head, contravening the Traditional Leaders Act procedures.
This did not go down well with Ruzvidzo, who later successfully applied for a court interdict at the Karoi Magistrates' Court in December last year.
In granting the court order on December 10 last year, magistrate Mr Obedience Matare blamed Dendera for failing to execute his duties properly in regard to the appointment of headmen and disciplinary procedure.
Where a headman committed an offence or misconduct, magistrate Matare said, chiefs were governed by Section 8 and 10 of the Traditional Leaders Act (Chapter 29; 17) under which a chief can only appoint a headman subject to the approval of the district administrator, who is the assignee of the Minister of Local Government, Rural and Urban Development.
The court barred Dendera from remo- ving Ruzvidzo from his village head status since it was the DA's mandate to do so.
Dendera was also barred from further breaching the provisions of the Act.
However, he ignored the order and continued to isolate Ruzvidzo, barring him from attending ward meetings and performing his roles.
With the blessings of Dendera, Kapengautowa also continued to act as the village head although he had been cited as the first respondent in Ruzvidzo's court application.
In March this year, Ruzvidzo took the matter back to the courts, resulting in Dendera being convicted of contempt of court a fortnight ago.
In suspending the sentence she had imposed on Dendera and Kapengautowa, Mrs Ringisayi said the two were first offenders who were both dependants and of advanced age.
She strongly warned Dendera against defying court orders.
Source - SM
