By Patience Gondo
BEITBRIDGE traditional leaders are concerned about cases being heard both at village courts and the conventional courts saying the practice creates confusion and exposes accused persons to double trials.
The issue was raised during a meeting between traditional leaders and councillors from the Beitbridge Rural District Council held on March 9 this year.
Chiefs and village heads collectively believe some complainants take cases to the police after they have already been heard and resolved at village courts.
They said this weakens the authority of traditional justice systems and creates uncertainty for communities.
Police Inspector Julius also raised the issue during the meeting.
He said traditional leaders play an important role in resolving community disputes and preventing crime through village courts.
Inspector Julius cited stock theft as an example.
He said if an 18-year-old boy steals cattle, traditional leaders can convene a village court to hear the matter.
“In such cases the family, particularly the father, may be required to compensate the victim,” he said.
According to him, community based resolutions can help deter crime and restore harmony within villages.
However, traditional leaders said problems arise when the complainant later reports the same matter to the police.
They said the accused person then faces another legal process despite the issue already being addressed in the village court.
“In some circumstances it becomes confusing,” one traditional leader said during the meeting.
“We sit as a village court, hear the case and make a ruling. Later the complainant goes to the police station in town and opens the same case.”
The leaders said the accused person is then subjected to two different proceedings for the same offence.
They called for clearer coordination between traditional courts and the formal justice system to avoid duplication.
Village courts operate under customary law and are presided over by chiefs, headmen and village heads.
These courts mainly handle minor disputes such as family conflicts, livestock issues, property disagreements and minor assaults.
Their focus is usually on mediation, compensation and restoring peace within the community.
However, serious criminal offences fall under the jurisdiction of the formal judiciary and are handled by state courts.
In the past, most rural disputes were resolved within traditional courts without involving the police.
But with increased awareness of legal rights and the expansion of the formal justice system, more complainants now report cases to the police even after traditional proceedings have taken place.
Traditional leaders in Beitbridge say improved cooperation between police and community leaders is needed to ensure cases are handled fairly and to prevent duplication of trials.