Chief Mugabe demands power to try murder, rape cases

Chief Mugabe, born Matubede Mudavanhu of Masvingo District, has voiced concern over the diminishing judicial authority of traditional leaders in Zimbabwe, particularly their inability to formally preside over serious criminal matters such as rape and murder.

Speaking during Africa Day commemorations organized by the Zimbabwe Republic Police (ZRP) Women Network at his traditional court in Masvingo, Chief Mugabe criticized the current legal framework that sidelines traditional leaders from handling serious cases in their communities.

"We have never failed to preside over any case, but the courts have denied us the authority to handle serious matters such as rape and murder. When we attempt to do so, we are told we've breached jurisdictional boundaries," said the chief. "We are only allowed to resolve land disputes and cases of infidelity."

Despite being restricted by law, Chief Mugabe admitted that traditional leaders often continue to handle such cases informally, as part of their role in maintaining community order and moral integrity.

"We do not condone criminal behaviour. That is why, even without formal authority, we still attend to these matters. However, we believe there must be a national conversation about restoring full judicial powers to chiefs."

The chief called for a broader national dialogue on the role of traditional leaders in Zimbabwe's justice system, arguing that their knowledge of community dynamics makes them well-positioned to resolve disputes effectively.

"Even in cases involving my own relatives, I can delegate to a neighbouring chief to avoid bias, provided the process is documented," he said.

Speaking to TellZim News after the event, Chief Mugabe questioned the effectiveness of modern courts in delivering holistic justice.

"Someone kills another and is jailed, but what happens to the victim's family? Do they get any compensation or healing? Our traditional system addresses avenging spirits - ngozi - and ensures cleansing rituals are performed. That's what the courts are missing."

He emphasized that traditional leaders know the backgrounds of people in their jurisdictions and are better equipped to offer restorative justice and preserve long-term peace.

"Magistrates and judges don't know the people or their histories. We do. That makes a huge difference in delivering justice that heals."

Chief Mugabe also took aim at fellow traditional leaders who allow open public attendance and media coverage of sensitive cases, saying such practices violate the dignity of those involved.

"Here in Chief Mugabe's court, only the offender, complainant, and their immediate families are allowed. Broadcasting or making a spectacle of such proceedings is insensitive and strips people of dignity."

He added, "It's inhumane for the whole country to watch a person narrate a case about taking someone's wife or being accused of rape. Justice should not be theatre."

Chief Ndanga, born Wilson Makono of Zaka, weighed in on the issue, acknowledging the limitations traditional leaders face but highlighting the strengths of Zimbabwe's dual justice system.

"The judiciary does not bar us from playing our role in ensuring social harmony. While courts handle investigation and sentencing, we are empowered to enforce chenura - cleansing - and impose additional punishments to reinforce moral values."

Chief Ndanga emphasized that even when formal courts have ruled, traditional leaders can still guide communities through reconciliation and healing.

"Our role is not diminished. We continue to uphold justice in ways that promote peace and community cohesion."

As debates around legal reform and cultural justice continue to intensify, voices like those of Chief Mugabe and Chief Ndanga are adding weight to calls for a reassessment of traditional leadership roles in modern Zimbabwe's justice system. While legal jurisdiction remains tightly held by formal courts, traditional leaders argue that restorative and culturally grounded justice remains crucial for rural and communal societies.

Calls for greater recognition of traditional leaders in handling serious crimes are likely to feature prominently in ongoing legal and constitutional reform discussions.