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High Court bars Chief Murinye from Riverton
2 hrs ago |
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THE High Court has granted an urgent interim interdict preventing Chief Murinye, born Ephias Munodawafa, from interfering with the operations of Riverton Academy Extension in Machingura Village, Masvingo, ruling that his actions were unlawful.
Justice Josephine Zisengwe barred the traditional leader from blocking access to the school following a January 11 incident in which he allegedly used his vehicle to prevent parents from dropping off learners and threatened to release snakes on the premises.
Chief Murinye had argued that the school was built on communal land without proper authority or regulatory approvals, claiming he was acting within powers granted under the Traditional Leaders Act. However, the court found that traditional leaders are not above the law and must follow formal legal processes if aggrieved, just like any other citizen.
The court ruled that the school's owner, Philimon Mutangiri, had demonstrated a willingness to resolve compliance issues while continuing operations. Pending the final determination of the dispute, the court ordered the chief and anyone acting on his behalf to stop blocking access roads or disrupting learning.
"In the final analysis, I am satisfied that the applicant has managed to satisfy the requirements for granting the interim interdict he seeks. Accordingly, the following order is hereby made pending the finalisation of this matter. The respondent and those claiming through him be and are hereby interdicted from unlawfully blocking the road that accesses the applicant's school, namely Riverton Academy Extension located at Murinye / Machingura Village, Masvingo. The respondent is hereby directed not to interfere with the learning and other operations at Riverton Academy Extension or hinder access thereto by any stakeholders thereof," reads part of the judgment.
Justice Zisengwe also noted that Chief Murinye's actions were motivated by personal gain. "What was more confronting according to the applicant was that prior interactions with the respondent showed that he did not appear averse to the construction of the school; all he wanted were certain personal conditions met," the judge said.
The court further highlighted that the chief had previously secured only one power line and a transformer at a total cost of US$21 000, suggesting that his interference was linked to demands for money and other benefits rather than genuine regulatory concerns.
The ruling underscores that traditional leaders must respect legal processes and cannot unilaterally disrupt legitimate educational operations.
Justice Josephine Zisengwe barred the traditional leader from blocking access to the school following a January 11 incident in which he allegedly used his vehicle to prevent parents from dropping off learners and threatened to release snakes on the premises.
Chief Murinye had argued that the school was built on communal land without proper authority or regulatory approvals, claiming he was acting within powers granted under the Traditional Leaders Act. However, the court found that traditional leaders are not above the law and must follow formal legal processes if aggrieved, just like any other citizen.
The court ruled that the school's owner, Philimon Mutangiri, had demonstrated a willingness to resolve compliance issues while continuing operations. Pending the final determination of the dispute, the court ordered the chief and anyone acting on his behalf to stop blocking access roads or disrupting learning.
"In the final analysis, I am satisfied that the applicant has managed to satisfy the requirements for granting the interim interdict he seeks. Accordingly, the following order is hereby made pending the finalisation of this matter. The respondent and those claiming through him be and are hereby interdicted from unlawfully blocking the road that accesses the applicant's school, namely Riverton Academy Extension located at Murinye / Machingura Village, Masvingo. The respondent is hereby directed not to interfere with the learning and other operations at Riverton Academy Extension or hinder access thereto by any stakeholders thereof," reads part of the judgment.
Justice Zisengwe also noted that Chief Murinye's actions were motivated by personal gain. "What was more confronting according to the applicant was that prior interactions with the respondent showed that he did not appear averse to the construction of the school; all he wanted were certain personal conditions met," the judge said.
The court further highlighted that the chief had previously secured only one power line and a transformer at a total cost of US$21 000, suggesting that his interference was linked to demands for money and other benefits rather than genuine regulatory concerns.
The ruling underscores that traditional leaders must respect legal processes and cannot unilaterally disrupt legitimate educational operations.
Source - Midweek Watch
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