A GWANDA villager who was seeking $8 000 from Chief Nhlamba and his messengers over an adultery case suffered a blow last week when his application for a peace order against one of the chief’s messengers was dismissed by a magistrate.
Justine Dube of Paye village under Chief Nhlamba was seeking an order barring the chief’s messenger Thulani Siziba from attaching his property after he was ordered by a village court to pay a beast for having an adulterous affair with the wife of a fellow villager Richard Ncube.
However, Gwanda magistrate Arafat Kozanai dismissed the application saying the chief’s messenger should be allowed to exercise his duties.
Dube had argued the matter was before the civil court between Ncube and himself and Siziba should not be allowed to attach his property, which includes a generator and a welding machine, before the finalisation of the case.
Dube is still seeking $2 000 each from Chief Nhlamba, the traditional leader’s messengers Siziba, Naison Ncube and Richard Ncube in damages for defamation, wrongful arrest, humiliation and assault.
In papers filed at the courts, Dube denies having been in an adulterous affair with Ncube’s wife arguing that she had also denied the allegations when they appeared before kraal head Mpisi and 20 other people.
In their notices to defend, the four accused Dube of being a liar who only approached the courts as a way of undermining the chief’s authority.
In his plea, Chief Nhlamba said Dube did not report the allegations of assault to the police officers that were present on the day the traditional court sat.
“Furthermore, other court officials were there at his disposal to report this matter (of assault). Plantiff (Dube) undermines the defendant (Chief Nhlamba).
“There is no reason why the defendant should be held liable for what was allegedly done during his absence and by other people,” Chief Nhlamba said in his opposing papers.
The chief also denied having been shown civil court summons by Dube saying it was a plot by him to “lock the court’s horns”.
“The matter was referred to me and I had a legal right to hear and try the matter as it was new before my court,” Chief Nhlamba added.