Bulawayo High Court judge Justice Naison Chivayo has urged members of the public to report disputes and criminal conduct to the Zimbabwe Republic Police instead of taking the law into their own hands.
Justice Chivayo made the remarks on Monday while officially opening the third and final term of the Gweru High Court Circuit, which is expected to handle a heavy criminal docket dominated by murder cases.
“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 expressed concern over deaths arising from domestic disputes, love triangles and minor disagreements that escalate into violent confrontations.
He said people should use Alternative Dispute Resolution mechanisms and seek intervention from the police, families and community leaders before disagreements turn violent.
“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.
His remarks came as he presided over the fifth criminal case on the circuit’s opening day. The matter involved Zhombe resident Mpumelelo Ncube, who was initially charged with murder but was convicted of the lesser offence of culpable homicide following a full trial.
Ncube, represented by Gweru lawyer Ignatius Mupfiga of Gundu, Dube and Pamacheche Legal Practitioners, was sentenced to three years in prison.
One year was suspended for five years on condition that he does not commit another offence involving violence or any offence that would activate the suspended sentence.
In determining the sentence, the court considered the five months Ncube had already spent in custody and the circumstances surrounding the offence.
The State cited the use of a knife as an aggravating factor, while Justice Chivayo described the knife as a dangerous weapon.
The judge said that although the law permitted people to defend themselves when attacked, any force used in self-defence had to be reasonable and proportionate to the threat faced.
“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.
He warned that carrying or using dangerous weapons during confrontations could transform minor disagreements into fatal incidents and leave accused persons facing serious criminal charges.
Justice Chivayo called for behavioural change and urged families and communities to embrace peaceful ways of resolving disputes.
“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.
The circuit is expected to deal with 35 murder cases during the first week of its fortnight-long sitting.
