BY JAIROS SAUNYAMA
A MARONDERA man living with disability has dragged Chief Svosve Gahadza (real name Kumuziva Sakirai) to court accusing him of unfairly demanding five beasts after he was convicted of having an affair with a married woman at a traditional court held last month.
Gilbert Manyenje, who cited the traditional leader and a complainant Fari Hwenjere as respondents said the matter was unfairly judged because he was not given time to prove his innocence.
He said Chief Svosve based his judgement on text messages on the complainant’s mobile phone.
“The Chief’s court erred and misdirected itself on a point of fact by making a finding that the appellant had committed adultery with the first respondent’s wife merely because the first respondent had said so without giving the appellant the opportunity to present his own side of the story. The second respondent misdirected himself by not instructing the first respondent to provide any proof to support his allegations, especially considering that such proof did not exist,” read the appeal.
According to a judgement by Chief Svosve dated July 8, 2019 seen by NewsDay, Manyenje was ordered to pay five cattle or $3 500 at $700 per beast, a goat or $70 and a cockerel valued at $20.
Manyenje averred that the judgement was also too harsh for such an offence.
“The second respondent also erred and misdirected by awarding the first respondent a herd of five cattle, which is too much for adultery,” he said.
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The court heard that Manyenje was accused of having an affair with Hwenjere’s wife Elizabeth Dengu after he intercepted some messages between the two.
The matter could not be heard yesterday because the traditional leader failed to turn up at court.
