Chiefs not immune from criminal prosecution-Gutu

By Christopher Makaza

MDC-T Vice President Obert Gutu says the arrest of Chief Nhlanhlayamangwe Felix Ndiweni of Ntabazinduna after he destroyed a villager's property is not something out of this world as traditional leaders, like everyone else, are not immune from criminal prosecution.

Posting on his Twitter page, Gutu said, “I don't know Chief Ndiweni personally. Is it being argued that he was wrongfully convicted and sentenced? Are traditional leaders immune from criminal prosecution as and when they transgress the law? Shouldn't justice be for everyone, including chiefs and their subjects?”

Commenting on the conviction of Chief Ndiweni, netizen, Beven Musoka tweeted, “No one is above the law. Chief Ndiweni must face justice for his violation of the law. His anti-Government activities are not a factor here.”

Chief Ndiweni together with 23 of his subjects, were convicted on charges of destroying a villager's property in Ntabazinduna and were sentenced 24 months in prison by Magistrate Gladmore Mushowe.

Six months were, however, suspended for five years leaving him to serve an effective 18 months in prison.

According to court papers, Mr Mbele of Ntabazinduna was banished from the village by the chief after his wife Ms Nonkangelo Mpengesi was allegedly caught having sex with another villager.

In July last year, Chief Ndiweni ruled that Mr Mbele and his "adulterous" wife should be banished from Sifelani village, saying "prostitution" will not be tolerated in his area.

The prosecutor, Mr Leonard Chile, said on July 26, 2017 at around 4pm, Mbele and his wife arrived from Bulawayo to find some villagers standing outside their homestead.

Kimpton Sibanda (72), a village head and two other villagers, claimed they were ordered by Chief Ndiweni to destroy Mbele’s garden fence and kraal.

“Sibanda instructed the villagers to destroy the fence and kraal. At around 5pm, Chief Ndiweni arrived and ordered the villagers to continue destroying Mr Mbele’s fence and kraal,” said Mr Chile.

The order followed Mr Mbele’s alleged defiance of Chief Ndiweni’s verdict to divorce his wife.

Chief Ndiweni had given a ruling that Mr Mbele’s wife should vacate her husband’s home, but she did not comply with the order since they had resolved the matter as a couple, prompting the chief to order the destruction of his fence and kraal.

The controversial Chief is also on record calling for violent demonstrations against government. He has also supported sanctions imposed on the country by the West.

His continued attack on government and his alignment with the opposition Movement for Democratic Change (MDC) has brought renewed criticism of chief`s relevance in a modern-day society anchored on democratic values.