The Mutare Magistrate’s Court has prevented the traditional court of Chingtai chief Chigodora from forcing a man accused of witchcraft to participate in a purification ceremony against his religious beliefs.
A video of Tapiwa Christopher Magombe (60) being harassed in the Chief Justice’s court went viral last week, met with mixed reactions.
Article 60 of the country’s constitution states that every citizen has “freedom of thought, opinion, religion, or belief; freedom to practice, publish, and express their ideas, opinions, religion, or beliefs, whether in public or in secret.”
Magumbe from Tambawaguta village in Mutare has been posted online (Karanganda YouTube) where he is allegedly using witchcraft against his family.
The complainants were two of his biological brothers, Jerome and Lionel Magombe, and his cousin, Naka Magombe, who claimed to have been acting as intercessor between the brothers.
Disturbed by the violation of freedom of worship under Chief Chigodura, where the accused was disgraced over allegations of witchcraft against his brothers, Magombe went to appeal to the traditional court
Mutare magistrate, Ms Purity Gumbo, ruled in his favor, preventing Chigodora from forcing Magombe to perform a traditional purification ceremony.
“The respondents are hereby prohibited or restrained from compelling the applicant to participate in any rituals and/or purification ceremonies in front of any traditional healers or prophets without his consent,” Judge Jumbo said in the ruling.
Magombe’s lawyers, Mr Kudzanai Gary Muraiko and Nicholas Nhambura of Mugadza Chinzamba & Partners, confirmed the court’s decision to bar Chief Chigodura.
“We have been able to speak to our client, Mr Magumbe C Tapiwa and he has given us authority to give you (Zimpapers, H-Metro) a court update regarding the matter which was scheduled to come before the community court in Matika Village, Chief Zimunya on 31 January 2024.
“The update is as follows, we attended court (Mutare Court) on 31 January 2024 and Chief Chigodura was present in court. Mr Muraicho and Nhambura of Mugadza Chinzamba and Partners were representing the applicant Tapiwa Christopher Magumbe.
“The leader and other respondents were represented by Mr Hastings Sithole, a lawyer from the Legal Aid Directorate. We discussed this matter with their legal practitioner who compromised and agreed that the leader’s conduct was unlawful.
“As a result, we obtained a court interdict stating that Chief Chingtai Chigodora and all defendants named in the application were ordered not to force our clients to participate in any traditional purification ceremony in front of traditional healers or prophets,” Nhambura said. “They were also prohibited from naming a presenter.” Asking or describing him as a witch and from engaging in any actions that violate his right to freedom of religion,” he declares