the chief’s court13. This system is largely patrilineal and emphasizes the importance of
men as adjudicators but has been used to deal with cases of human rights violations in
instances where this has been necessary.
5(iii) Enforcement:
Remedies in traditional court settlements take various forms. Remedies range from
apologies to the payment of fines such as monetary awards, cattle, goats, sheep, and
fowls depending on the gravity of the offence. In such informal processes, it has been
observed that adherence to judgments of the court processes can be weak. However,
the main advantage of the traditional justice system and what ZIMCET and HZT sees as
the power of the spirit of Ubuntu/Hunhu is the effectiveness of the spiritual sanctions
which usually weigh down on an individual perpetrator and his or her family to comply.
These spiritual sanctions usually take the form of bad omens besieging the immediate
and extended family of the perpetrator; unexplained deaths, children who cannot stay
in marriages, unexplained illnesses, failure to secure jobs, extreme poverty among other
sanctions.
5(iv) Appeal Processes:
Dissatisfied parties are allowed to appeal against chiefs’ judgement to the provincial
magistrate’s courts.
The traditional courts system places emphasis on simplicity and
informality in order to achieve amicable dispute resolution which in the end should
restore and promote social harmony within the community.
13
Gombe, 1980 Tsika Dzava Shona, Harare. College Press
7
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