Down memory lane to the 1980 Kangaroo Courts
Once upon a time, sometime in the 1980’s, Government introduced what were known as Community Courts, which would be later popularly referred to as Kangaroo Courts. The purpose of the Community Courts was to try minor non-criminal matters, mostly civil cases, and to act as a community liaison court to settle any disputes between township residents and families.
The majority of such cases would be those of young men who had impregnated girls, and were denying responsibility. The Kangaroo Courts were there to ensure that the culprits were brought to book and would facilitate that the pregnant girl apply for monthly maintenance for the child’s upkeep, through the Maintenance Courts at the Magistrates Courts housed at the Tredgold Building.
Spectators were allowed to come and listen to the cases. I and a few friends of mine, made it a point always to attend Kangaroo Court which was held once or twice a month on Sundays at Intunta Primary School in Sizinda Township. The Community Courts were run by Presiding Officers, who were elderly senior residents and well versed in customary law. These Presiding Officers had been seconded to run the Customary Courts by the then Ministry of Justice which was being headed by Dr. Edson Zvobgo. Some of the cases of which I had the privilege to listen to, are still vivid in my memory, and I am going to highlight to my readers some of these cases. Proceedings in these courts were conducted in vernacular languages and as such you will note that some of my quotations are in vernacular languages as most people in the area spoke Nyanja, Chewa, Tonga and isiNdebele.
It’s on a sunny Sunday morning on 15 September 1982, I and my friends, Batisani Ndlovu, Robias Phiri, Abel Ngwane, and Goliath Phiri are seated in the front row inside the Court, at Intunta Primary School.
“The first case on today’s court roll is for Yohanne Mlauzi,” bellows out the presiding officer, a Mr Maphosa, in a deep, sonorous and guttural voice that belies a certain kind of iron-clad authority. Mr Maphosa, a tall man, with deep set eyes and an aristocratic moustache is flanked by two other presiding officers, a Mr Mwale and a Mr Katima.
The bailiff, a Mr Nyirenda, a short wizened old man in his late 70s, who is seemingly dozing by the door, jumps to attention when the presiding officer announces the first case, and calls out in a shrill and high-pitched voice as he orders the defendant to come into the court room. “Yohanne Mlauzi, Yohanne Mlauzi !” “Iwe nyamata, bwela mwamusanga palibe nthawi yamasewela,” in Njanja language. The defendants or the accused persons were made to sit outside on the school lawn, and would only come inside the court room once their names had been called out. Yohanne Mlauzi, a short and light skinned young man in his mid-20s walks quickly into the court room, and he is visibly nervous and his eyes are darting furtively all over the court room. Mr Nyirenda orders the young man to stand in front of the three presiding officers who are seated on wooden school chairs, behind the teacher’s desk, just in front of the black board. The three presiding officers are looking rather grotesque sitting on those small chairs, which are too undersized for their bulky bodies. Yohanne is being charged for impregnating a young girl by the name Misozi Chisale, and whilst he is accepting responsibility, he is however, refusing to take care of the baby’s needs. The young beautiful Misozi, short in stature with short curly hair, and dimpled cheeks is seated on the floor adjacent to the presiding officers.
Mr. Mwale, one of the presiding officers begins the session by reading out the charges to Yohanne, “You are being charged with impregnating Misozi Chisale, the daughter of Windas Chisale. Whilst you have accepted responsibility for the pregnancy and that the baby is indeed yours, what now baffles the court is why you are refusing to take care of the baby’s needs.” (“Tiwuze kuti chifukwa unalekelani kulela mwana wako”) The young man, Yohanne who is now shaking like a reed, manages to stammer a barely inaudible answer, “Well my parents are of the Moslem religion, and therefore they will not allow me to associate with a non-Moslem woman, so I cannot support the baby.”
Mr. Mwale, a short man, with soft round eyes, that have the vestiges of a veteran of many seasons and a high pool of wisdom, retorts in a soft voice,” Young man, your religion has got nothing to do with the support of your baby, and therefore the court is hereby in favor of Misozi to go and file a maintenance case as a matter of urgency.” (Misozi, mawa uyende ku Mantainance court ku Tredgold, pa second floor, ulembese maintenance, munyamata uyu azalipila ndalama zamwana mwezi wose”)
Mr. Katima, bald headed man with missing front teeth, calls out the next case in a husky voice: “Next is Ciibwantu Muleya”. Ciibantwu, a tall knocked kneed guy saunters into the court room, slowly like a lazy greyhound. He is putting on a battered black cap, and immediately old Nyirenda the bailiff screams at him, “Chosa chosa chipeya utionese ulemu wako muno mu court.” (He is being admonished to remove his cap and to show respect to the court.) Ciibwantu has been reported by his wife Mweemba, for not fending for his wife and family and for drinking too much alcohol and at times not sleeping at home. Mweemba, who is looking emaciated and stressed up, mostly likely due to malnutrition is seated on the floor. “Bamuka Muleya, amuyumuke mutwambile kutedi ino ninzi cakatazya kunganda”, he said in Tonga language. Mr. Katima asks the wife to stand up and narrate her ordeal. The wife who looks hungry and angry comes up to the front and tells the court that Ciibantwu who works for the National Railways of Zimbabwe is a reckless and irresponsible husband who does not buy food for his six children, and that the kids are moving about half naked because they have no clothes. She goes on to say that Ciibwantu earns a lot of money as he works in the Bridge Yard Department, and he earns hefty allowances when his team is assigned to work out of Bulawayo.
“Mulume wangu tasanini bana pe, kulinzala munganda, uhola mali manji maningi nkambo ubelekela mumagusu. Alimwi mulume wangu unywa maningi bukoko, inga tazwi mu Waverly Hotel.”
A visibly irate Mr. Katima berates Ciibwantu Muleya for being an irresponsible husband. The presiding officer advises the wife to approach Ciibwantu’s supervisor at work who will in turn take up the issue with the Human Resources Officer, to enable the wife to be paid part of Ciibwantu’s salary for the upkeep of the family. “Junza munke mukakusike ku Bridge Yard mukakubone baas boy, mukamwambile nkani yenu, mumwambile kuti ndiswe ba Community Court twamba kuti bakugwasye.
The last case for the day was for Lovemore Mahwewe. He was putting on a black football short and a dirty white sleeveless T-shirt. He entered the courtroom staggering and reeking of cheap alcohol. Lovemore was being charged for impregnating Fiona Phiri and he refused responsibility for the pregnancy.
“Are you drunk young man?’, barked Mr. Mwale (“Wakuta ndimowa asi?’) Lovemore states that he can not be responsible for the pregnancy because Fiona has too many boyfriends. My friends Batisani and Robias burst out laughing when they hear Lovemore saying Fiona had too many boyfriends. Mr. Mwale immediately evicts Batisani and Robias for laughing out loudly in court and thus showing indiscipline. “Get out of the court room now”. (“Chokani muno muyende panje, mulibe ulemu.”)
The court orders Lovemore to come back the following Sunday because he is under the influence of alcohol and therefore the hearing cannot proceed. He is also ordered to come back wearing clean and decent clothes. All the same, the no nonsense Mr. Maphosa informs Lovemore using isiNdebele language that the pregnancy is his as long as he was also a boyfriend to Fiona.
(“Jaha umthwalo ngowakho, ungasitsheli ngama boyfriends amanengi, wena nguwe oqanjiweyo. Uphenduke ngeviki ezayo ungadakwanga, njalo uhlanzekile”)
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