Judge Sounds Alarm on Domestic Disputes as Gweru Third High Court Circuit Opens

Gweru— A quarrel over a relationship, a domestic disagreement or an insult that might ordinarily end with angry words is increasingly turning deadly, with Bulawayo High Court judge Justice Naison Chivayo warning that Zimbabwean communities are paying the ultimate price for violent conflict.

Opening the third and final term of the Gweru High Court Circuit on Monday, Justice Chivayo confronted the disturbing reality of how seemingly minor disputes can spiral into fatal confrontations.

The judge said it was particularly disheartening that in all the cases he had dealt with since morning, the deceased persons had been the aggressors.

“It is disheartening to note that, in all the cases I have dealt with since morning, the deceased persons were the aggressors,” Justice Chivayo said.

His remarks came against the backdrop of a heavy criminal docket, with 35 murder cases expected to be handled during the first week of the fortnight-long circuit.

Behind those statistics are fractured families, bereaved relatives and accused persons whose lives have also been permanently altered by moments of violence.

Justice Chivayo said many of the killings before the courts were rooted in disputes that could have been resolved without anyone losing their life.

“Most criminal cases coming before this court are murder cases. Our people need to move away from the use of violence to resolve disputes,” he said.

The judge singled out domestic disputes and love triangles, saying some fatal confrontations arose from minor and insignificant disagreements.

He urged members of the public to resist the temptation to settle disputes through violence and instead seek assistance from the police, families, community leaders and other lawful mechanisms.

Justice Chivayo also encouraged the use of Alternative Dispute Resolution (ADR), saying early intervention could prevent disagreements from escalating into violence.

“People must appreciate that the reason why the Zimbabwe Republic Police exists is to maintain law and order. When one is wronged, he or she must resort to making a report to the police for proper investigation and action,” he said.

The judge acknowledged that people have a right to defend themselves when attacked, but stressed that self-defence does not give anyone a licence to use excessive force.

The force used, he said, must be reasonable and proportionate to the circumstances.

His warning was starkly illustrated by the fifth case he handled on the opening day of the circuit — that of Zhombe man Mpumelelo Ncube, whose confrontation with another person ended in a fatality.

Ncube had initially faced a murder charge but was ultimately convicted of the lesser offence of culpable homicide following a full trial.

He was represented by Gweru lawyer Ignatius Mupfiga of Gundu, Dube and Pamacheche Legal Practitioners.

Justice Chivayo sentenced Ncube to three years' imprisonment, with one year suspended for five years on condition that he does not commit an offence involving violence or another offence that would trigger the suspension.

The court took into account the five months Ncube had already spent in custody, together with the circumstances surrounding the offence.

The State had cited the use of a knife as an aggravating factor, while the judge described it as a dangerous weapon.

The case served as a sobering reminder of how quickly confrontations can move from arguments to irreversible consequences when dangerous weapons are introduced.

For Justice Chivayo, however, the solution cannot simply be found in punishing offenders after lives have been lost.

It must begin much earlier, when tempers first flare and before an argument becomes a physical confrontation.

“It is prudent therefore that each one of us takes it upon themselves to desist from violent tendencies and behaviour that foments violence,” he said.

He called for a change in behaviour within families and communities, urging people to seek help before disagreements become violent.

“We should live in peace as communities and this therefore calls for behaviour change. Our society is under siege and it is imperative that each one of us does self-introspection and strive to achieve peace and preserve lives by desisting from violent behaviour,” Justice Chivayo said.

The Gweru High Court Circuit serves Chirumhanzu, Gokwe North, Gokwe South, Gweru, Kwekwe, Mberengwa, Shurugwi and Zvishavane.

As the circuit gets under way with dozens of murder cases on the roll, the judge's message was as much about prevention as it was about justice: a dispute that appears insignificant today can become a murder case tomorrow, and leave families mourning for generations.