Makunura and his lawyer
Nyanga Magistrate Notebulgar Muchineripi recently set aside Fungai Mushonga, the Headman for Tamunesa village in Nyanga District’s judgment & ordered him to return 4 live goats, 2 live chickens & US$20 to Peter Makunura within 7 days.
The village head had in January took the unprecedented & odd decision in which he ordered Makunura to pay 4 goats, 2 chickens & US$20 after faulting him for allowing his 15 year-old grandson, who had visited him, to wear a red cap during the rainy season, a practice which is outlawed in the village.
This prompted Makunura represented by lawyers from Zimbabwe Lawyers for Human Rights to file an application for review of proceedings presided over by Mushonga at Nyanga Magistrates & seeking to set aside the absurd decision of the primary court.
Meanwhile, in his judgment, Magistrate Muchineripi faulted Mushonga for gross irregularity when he granted a default judgment against Makunura because Customary Law & Local Courts Act does not allow him to do so.
In addition, Magistrate Muchineripi ruled that Mushonga’s decision to summon a minor to appear in court without assistance of an adult such as a parent or guardian was grossly irregular.
“In Nyanga, we have brought so much relief to Peter Makunura, a 76 year-old man by getting a bizarre custom imposed by a traditional leader of banning the wearing of red colours during the rainy season, outlawed,” said the lawyers.