News / National
Chief Negomo's authority under the spotlight
28 Jan 2013 at 05:49hrs | Views
LAWYERS representing Tavydale farm owner, Mr Pip Mattison have approached a Bindura magistrate court challenging the US$1, 1 million penalty imposed by Chief Negomo (Luscious Chitsinde).
The chief from Mashonaland Central province ordered Mr Mattison to pay the money as compensation for destroying 300 hectares of maize crop belonging to 55 A1 farmers in a land dispute.
In his papers filed at Bindura magistrate court, the lawyer, Mr Tich Muhonde wants the provincial magistrate to set aside the proceedings and sentence imposed by the traditional leader.
Mr Muhonde submitted that the traditional leader did not have jurisdiction to hear the case and the process he made was a mere abuse of the local court process.
The lawyers argued that Section 25 of the Customary Law and Local Courts Act did not provide the Chief with powers to act in the manner he did.
"Section 25 of the said Act empowers your respected office as provincial magistrate to nullify or correct irregular, incompetent and errant abuse of local courts upon receipt of information of such as we have provided herein," said Mr Muhonde in his papers.
It was strange, said Mr Muhonde, that up to now, their client had not yet been served with the said judgment.
"We also bring to your attention that the said Chief Negomo is of the view that Chieftainship clothes him with some omni-powerful quasi-criminal jurisdiction over matters even arising under Chiweshe's territorial area," he said.
The lawyer said the Chief had served his client his summons for him to appear before his court on January 12 2013.
"Quite obviously, from the contents of the purported summons, Luscious Chitsinde does not understand his province, limits or the procedures and purpose of local courts. We hasten to point out that it is crystal clear that Luscious Chitsinde has no jurisdiction over both our client and the matter which he purportedly dealt with," he said.
As part of the fine, Chief Negomo ordered Mr Mattison to pay two herds of cattle, three goats, two sheep, a cock and a 10-metre cloth for cleansing purposes.
This was after the traditional leader proceeded to hear the case as a default matter and heard evidence from the affected farmers.
The chief from Mashonaland Central province ordered Mr Mattison to pay the money as compensation for destroying 300 hectares of maize crop belonging to 55 A1 farmers in a land dispute.
In his papers filed at Bindura magistrate court, the lawyer, Mr Tich Muhonde wants the provincial magistrate to set aside the proceedings and sentence imposed by the traditional leader.
Mr Muhonde submitted that the traditional leader did not have jurisdiction to hear the case and the process he made was a mere abuse of the local court process.
The lawyers argued that Section 25 of the Customary Law and Local Courts Act did not provide the Chief with powers to act in the manner he did.
"Section 25 of the said Act empowers your respected office as provincial magistrate to nullify or correct irregular, incompetent and errant abuse of local courts upon receipt of information of such as we have provided herein," said Mr Muhonde in his papers.
It was strange, said Mr Muhonde, that up to now, their client had not yet been served with the said judgment.
"We also bring to your attention that the said Chief Negomo is of the view that Chieftainship clothes him with some omni-powerful quasi-criminal jurisdiction over matters even arising under Chiweshe's territorial area," he said.
The lawyer said the Chief had served his client his summons for him to appear before his court on January 12 2013.
"Quite obviously, from the contents of the purported summons, Luscious Chitsinde does not understand his province, limits or the procedures and purpose of local courts. We hasten to point out that it is crystal clear that Luscious Chitsinde has no jurisdiction over both our client and the matter which he purportedly dealt with," he said.
As part of the fine, Chief Negomo ordered Mr Mattison to pay two herds of cattle, three goats, two sheep, a cock and a 10-metre cloth for cleansing purposes.
This was after the traditional leader proceeded to hear the case as a default matter and heard evidence from the affected farmers.
Source - TC
