HARARE — Chief Murinye has been acquitted of extortion charges arising from a dispute over the establishment of Riverton Academy in his area.
Masvingo Regional Court magistrate Innocent Bepura freed the traditional leader, born Ephias Munodawafa, after upholding his application for discharge at the close of the State case.
The case was brought by businessman Philemon Mutangiri, who accused Murinye of demanding that he electrify the chief’s homestead and provide free, indefinite school enrolment for his children.
Murinye, represented by lawyer Admire Rubaya, denied the allegations, arguing that the criminal case was being used to punish him for questioning the legality of the school’s construction and the acquisition of the land on which it was built.
Prosecutor Romeo Zibani alleged that Murinye summoned Mutangiri to a meeting and demanded electricity at his homestead, as well as an electricity connection from his fields to Boroma Dam.
He was also accused of demanding that Mutangiri enrol all his children at Riverton Academy Murinye for free and sign an agreement guaranteeing them free education indefinitely.
The State further alleged that on January 11, Murinye and Solomon Mukamwe blocked a school bus carrying pupils to Riverton Academy at the Topora-Rukovo Secondary School turn-off and again near the school, using a grey unregistered Isuzu twin cab and a Nissan Vannette.
Murinye rejected the allegations, maintaining that Mutangiri had turned to the criminal justice system after the chief, Headman Clemence Mukamwi and Village Head Marko Machingura questioned whether the school had been lawfully established.
Rubaya argued that the school had allegedly been constructed without the necessary development permit, approved plans and a resolution from Masvingo Rural District Council.
“The complainant is seeking to persecute the accused person through abuse of the criminal justice system because the accused, as a traditional leader, made a collective decision together with Headman Clemence Mukamwi and Village Head Marko Machingura that the school ought only to continue being built in their area of jurisdiction after full compliance with due process of the laws of Zimbabwe,” Rubaya argued.
The defence also disputed the claim that Mutangiri had connected electricity at the chief’s home.
“The accused denies that the complainant connected any electricity at his place of residence since he uses solar power at his house,” Rubaya said.
Murinye further denied demanding free education for his children, with the defence questioning the credibility of the allegation.
“It is laughable that an allegation was made that a demand for enrollment of unborn children was made,” the defence argued.
Rubaya said the criminal complaint was instead intended to divert attention from questions surrounding the acquisition of state land and the construction of the school.
The State, opposing the discharge application, asked the court to consider placing Murinye on his defence on an alternative charge of disorderly conduct arising from the alleged road blockage.
The court rejected the proposal, ruling that disorderly conduct had not been charged in the alternative from the outset and could not constitute a competent verdict to the extortion charge.
The court subsequently upheld the defence application and acquitted Murinye.
