SYDNEY MUBAIWA
MASVINGO-The High Court has granted an urgent interim interdict blocking Chief Murinye, born Ephias Munodawafa, from interfering with the operations of Riverton Academy Extension in Machingura Village under his jurisdiction after ruling that his actions were unlawful.
Justice Josephine Zisengwe barred the traditional leader from blocking access to the school following a January 11 incident in which he allegedly used his vehicle to prevent parents from dropping off learners and threatened to unleash snakes on the premises.
The traditional leader had argued that the school was built on communal land without proper authority or regulatory approvals and that he was acting within powers granted under the Traditional Leaders Act.
However, the court ruled that traditional leaders are not above the law and must follow formal legal processes if they are aggrieved just like any other citizen.
The judge found that the school’s owner, Philimon Mutangiri, had shown preparedness to resolve the compliance issues while operating.
Pending final determination of the dispute, the court ordered the chief and anyone acting on his behalf to stop blocking access roads or disrupting learning at the school.
“In the final analysis, I am satisfied that the applicant has managed to satisfy the requirements or granting of the interim interdict he seeks.
“Accordingly, the following order is hereby made pending the finalisation of this matter.
“The respondent and those claiming through him be and are hereby interdicted from unlawfully blocking the road that accesses the applicant’s school, namely Riverton Academy Extension located at Murinye / Machingura Village, Masvingo.
“The responded be and is hereby directed not to interfere with the learning and other operations at Riverton Academy Extension or hindering access thereto by any stakeholders thereof,” reads part of the judgement.
Justice Zisengwe said Murinye only wanted Mutangiri to give him money and other freebies for his personal gain.
“What was more confronting according to the applicant was that his prior interactions with the respondent showed that the latter as a matter of fact did not appear averse to the construction of the school, all he wanted were certain personal conditions met.
“As for the first condition, he only managed to erect one power line and a transformer at a total cost of US$21 000,” she said.
