Dumisani Ndlovu
GWERU — Bulawayo High Court judge Justice Naison Chivayo has expressed concern over the growing number of people losing their lives in violent confrontations arising from petty domestic disputes, love triangles, and other seemingly insignificant disagreements.
Justice Chivayo made the remarks on Monday while officially opening the third and final term of the Gweru High Court Circuit, where he is set to preside over a heavy criminal docket, including 35 murder cases during the first week of the fortnight-long sitting.
The judge said it was particularly disheartening that in all the cases he had dealt with since this morning, the deceased persons were the aggressors.
“It is disheartening to note that in all the cases I have dealt with since this morning, the deceased persons were the aggressors,” Justice Chivayo said.
His observation came as the court dealt with cases in which violent confrontations had allegedly escalated into fatal encounters, highlighting the dangers of resolving domestic and personal disputes through violence.
Justice Chivayo strongly advocated for Alternative Dispute Resolution (ADR) and other peaceful mechanisms to settle disputes before they escalate into violence and ultimately result in loss of life.
He urged members of the public to desist from taking the law into their own hands, saying disputes and criminal conduct should instead be reported to the police for appropriate action.
“People must appreciate that the reason why the Zimbabwe Republic Police exists is to maintain law and order. When one is wronged, they should make a report to the police for proper investigation and action,” he said.
The judge said although people were entitled to defend themselves when attacked, the force used in self-defence must be reasonable and proportionate to the circumstances.
He warned that the use of dangerous weapons during confrontations could turn minor disputes into fatal encounters and eventually bring accused persons before the courts.
Justice Chivayo’s remarks came as he presided over the fifth case on the opening day of the circuit, involving Zhombe man Mpumelelo Ncube, who had initially been charged with murder but was convicted of the lesser offence of culpable homicide following a full trial.
Ncube, who was represented by Gweru lawyer Ignatius Mupfiga of Gundu, Dube and Pamacheche Legal Practitioners, was sentenced to three years’ imprisonment, with one year suspended for five years on the condition that he does not commit an offence involving violence or any other offence that would trigger the suspension.
The court took into account the five months Ncube had already spent in custody, as well as the circumstances surrounding the offence.
The State had highlighted the use of a knife as an aggravating factor, with the judge noting that it was a dangerous weapon.
Justice Chivayo, however, considered the circumstances of the case and the time Ncube had already spent in custody before arriving at an appropriate sentence.
The case formed part of a busy opening day for the circuit, which is expected to handle a significant number of murder matters.
“Most criminal cases coming before this court are murder cases. Our people need to move away from the use of violence to resolve disputes,” Justice Chivayo said.
He said some murders were committed during altercations over minor and insignificant issues, while domestic disputes and love triangles continued to feature prominently in cases involving loss of life.
“It is therefore prudent that each of us takes it upon ourselves to desist from violent tendencies and behaviour that foments violence,” Justice Chivayo said.
He urged families and communities to embrace peaceful methods of resolving disagreements and to seek intervention before disputes deteriorate into violence.
“We should live in peace as communities, and this calls for a behaviour change. Our society is under siege, and it is imperative that each of us engages in self-introspection and strives to achieve peace and preserve lives by desisting from violent behaviour,” he said.
The Gweru High Court Circuit serves all seven districts of Midlands Province — Chirumhanzu, Gokwe North, Gokwe South, Gweru, Kwekwe, Mberengwa, Shurugwi, and Zvishavane.
With 35 murder cases expected to be handled during the first week alone, Justice Chivayo’s call for peaceful dispute resolution places renewed focus on preventing conflicts from reaching the point where minor disagreements end in irreversible loss of life.
