Customary Law Misread? Chief Nechombo Says Mine Payment Was Not a Ruling

Chief Nechombo, born Langton Chikukwa, has dismissed viral social media claims that he issued a traditional court ruling in the case of Fungai Nhari, who was allegedly shot at Zhuhe Shukai Mine.

He clarified that the handwritten document circulating online was not a judgment, but a voluntary agreement reached between Nhari’s family and the mine’s representatives.

The document, which went viral over the weekend, indicated that Zhuhe Shukai Mine had agreed to pay US$6,500 and cover school fees for Nhari’s three children.

Although it bore the stamp of the chief’s secretary, Nechombo said his office merely witnessed the proceedings and did not preside over any formal hearing.

“It is not a judgment, it is an agreement between families.

“Judgment comes from dare. Once again, it is an agreement between the two under the chief’s witness,” said Nechombo.

He explained that his role was limited to facilitating dialogue between the parties to promote peace and understanding following the tragedy.

“The issue of ngozi (avenging spirits) is a complex phenomenon. Our jurisdiction as chiefs goes only as far as enabling bereaved families to talk and agree on what is needed to appease their spirits.

“It is not our prerogative to impose. We simply witness what they agree upon,” he said.

According to The Herald, Nechombo emphasised that customary law operates alongside Zimbabwe’s general law and does not override formal judicial processes.

“Customary law deals with kuripwa kwengozi — the appeasement of spirits — rather than compensation for life.

“It is restorative justice, not punitive justice.

“Chiefs may witness family agreements, but rulings only come from a Dare after proper summons and hearings,” he said.

He also clarified that he did not personally attend the meeting where the agreement was made.

“I did not even attend, nor was I anywhere near what is being purported by social media as the chief’s judgement.

“What took place was a voluntary agreement between the bereaved family and the mine to facilitate burial arrangements under their customs and traditions,” said Nechombo.

It is common, he added, for grieving families to approach a chief’s office for mediation, but such engagements should not be mistaken for court proceedings.

“When aggrieved people run to the chief for protection, it does not translate into a court case.

“It simply allows them to speak to each other, agree and maintain peace while court proceedings, if any, continue separately.”

Nechombo urged the public to avoid misrepresenting customary reconciliation processes as formal judgments, stressing that his role was strictly to witness, guide, and promote harmony between families.