Antony Chawagarira
MASVINGO – The High Court has quashed summons issued by Chief Murinye against Riverton Academy founder Philimon Mutangiri, ruling that the traditional leader improperly sought to determine issues that were already before the High Court.
Justice Christopher Dube-Banda declared the summons and all subsequent proceedings before the chief’s community court null and void, describing the matter as an abuse of court process.
The dispute stems from the establishment of Riverton Academy Extension in the Murinye area. Chief Murinye had opposed the school’s construction, alleging it had been built without his approval and on sacred land. The disagreement later resulted in the blocking of parents from taking their children to the school before Mutangiri obtained a High Court order stopping the action.
Despite the pending High Court proceedings, Chief Murinye later issued fresh summons directing Mutangiri to appear before his traditional court to answer allegations relating to the school’s construction and claims that he had insulted the traditional leader.
Mutangiri approached the High Court seeking to have the summons set aside, arguing that the chief was attempting to adjudicate matters already before a superior court while simultaneously acting as both complainant and presiding officer.
In his ruling, Justice Dube-Banda held that the traditional court proceedings infringed the constitutional right to a fair hearing before an independent and impartial tribunal.
The judge said a judicial officer could not preside over a matter in which they had a personal interest, adding that the chief’s dual role as complainant and adjudicator offended the principles of natural justice.
The court also criticised the chief for proceeding with the matter and granting a default judgment after he had been served with papers challenging the summons in the High Court.
Justice Dube-Banda ruled that once a matter is before the High Court, parties should refrain from taking actions that could interfere with or undermine the court’s processes.
The High Court set aside the summons together with all proceedings conducted before the traditional court and ordered Chief Murinye to pay ordinary party-and-party legal costs.
The judgment also emphasised that while traditional leaders have an important role in administering customary law, their powers must be exercised within the confines of the Constitution and the principles of natural justice.
