High Court quashes Chief's "irrational" order: Vi...

High Court quashes Chief's "irrational" order: Villager Spared 12-Beast Compensation

Rutendo Mazhindu

Zim Now Reporter

A Mazowe villager, Christopher Chisango, can breathe a sigh of relief after the High Court in Harare overturned a ruling by Chief Nemakope that had ordered him to pay 12 cattle as compensation. The chief's judgment came after Chisango's livestock allegedly destroyed a fellow villager's maize crop

The case began when Kuhlengisa Machona reported to Chief Nemakope’s court, claiming his maize crop had been damaged by Chisango's cattle and seeking US$4,400 in compensation. While Chisango reportedly admitted liability, the chief's court ordered him to pay the stated sum or its equivalent in 12 beasts.

In an attempt to comply with the ruling, some of Chisango's cattle were sold, leaving a balance of US$656. However, feeling aggrieved by the severity and nature of the chief's decision, Chisango appealed to the magistrate’s court.

Chisango's appeal was built on two key pillars. First, he argued that the chief's court had failed to conduct a proper and fair assessment of the crop damage. He contended that an officer from the Department of Agricultural Research and Extension Services (Arex) should have been involved to scientifically quantify the losses before a determination was made.

Secondly, and crucially, Chisango highlighted that the judgment was expressed in United States dollars. This, he argued, directly contravened Statutory Instrument (SI) 142 of 2019, which had established the Zimdollar as the sole legal tender at the time, and SI 85 of 2020, which specifically prohibited the use of the US dollar in local transactions.

In response, Machona sought a review of the magistrate's handling of the appeal, claiming procedural irregularities and arguing that Chisango had forfeited his right to appeal by already making a partial payment. Chisango countered that his payment was made under duress and revealed he had even reported a criminal case concerning the manner in which his cattle were attached.

Despite Chisango's arguments, the magistrate initially ruled against him, prompting him to take the extraordinary step of appealing to the High Court for redress.

Justice Amy Tsanga, presiding over the High Court case, ultimately ruled in Chisango’s favor, providing a comprehensive assessment of the legal and procedural missteps.

Addressing Machona's contention that Chisango had lost his right to appeal due to partial payment, Justice Tsanga stated there was "no procedural error on the part of the magistrate in not regarding the appellant’s conduct as constituting peremption."

The judge clarified the magistrate's role, noting that under Section 24 of the Customary Law and Local Courts Act, the magistrate hears the matter "de novo," or afresh. This means no assumptions are carried over from the chief's court proceedings, requiring a fresh examination of all facts.

Crucially, Justice Tsanga scrutinized the assessment of damages. She noted that Machona's own witness, a field inspector, was unable to quantify the loss scientifically, deferring such assessments to Arex. "The basis of the magistrate’s decision was that the quantification of damages was not done scientifically by an expert," Justice Tsanga stated. She found "no procedural shortcoming in the magistrate’s approach," affirming that the issue of quantum was thoroughly examined.

"With no liability having been found upon hearing the matter de novo and with no damages having been found, the magistrate set aside the decision of the lower court," Justice Tsanga concluded. She also found that since no damages were ultimately proven, there was no need for the magistrate to delve into the complexities of the currency issue.