By Samuel Kadungure
The trial of self-styled war veteran-cum-spirit medium Nehoreka kicked off on an unusually temperamental tempo as both the witnesses and the accused clashed with defence and State attorneys.
The attack on the credibility of witnesses prompted both the State and defence counsels to lose their composure and hurled insults at their opponents.
Too, the trial had intriguing twists and turns, endless adjournments that added the drama to arguably one of the most followed court cases in the history of the Rusape Magistrates’ Court.
At least 200 disciples of Tenzi Nehoreka, whose real name is Solomon Noah Shambira, attended the trial, resulting in a stampede in order to get a seat in Court A.
The legion of his supporters who kept their composure regard Tenzi Nehoreka as a legend and would salute, stand at attention and bow their heads in show of respect for the man whose ideals they radically believe.
They filled both ends of the court corridors to the brim and – men and women – were all clad in black trousers, skirts and white shirts and blouses.
Among his followers were traditional leaders, war veterans and spirit mediums who had been bused from across the country to rally behind their embattled leader during trial.
In a show that their machinery was well funded, tens of hired kombis spent the whole day parked at the court. Some of the kombis displayed banners with immaculate graphic pictures of President Mugabe, Tenzi Nehoreka and his followers at the Njelele Hills – where he was reportedly chased away by the sacred shrine custodians in 2011.
It was at 9am when Nehoreka was signalled by his lawyer, Mr Tawanda Takaendesa of Harare-based law firm Mugiya and Macharaga Legal Practitioners, to make an appearance in court.
He disembarked from his chauffeured green Toyota Gaia car clad in a new and more fashionable black gown, with an overflowing green collar. The gown had yellow laces on the front as well as white ones on the hands and seam. As usual his trademark black doek was on.
Onlookers were shocked as to what he was up to since the last time he was chucked out of the court to dress properly and ended up buying a new black suit in Rusape for his 11.15am court appearance.
Magistrate Mrs Patience Ururu-Madondo took her seat and the area prosecutor, Mr Tirivanhu Mutyasira, called his name and the towering man tip-toed towards the accused’s dock – in his trademark regalia.
Mr Mutyasira argued that the accused was in contempt of court as previously Mr Shingi Mutiro had ruled that he dresses up properly.
Mr Takaendesa argued that his client’s dress code was symptomatic of his traditional and cultural beliefs and there was nothing contemptuous about it. Mr Mutyasira said he was withdrawing the motion for the “sake of saving time, progress and fairness”.
After charges of “unauthorised borrowing” emanating from an incident in which he allegedly stripped Chief Tandi (William Chiyangwa Samhungu) of his chieftainship badge saying he was an impostor – were put to him, Nehoreka entered a plea of not guilty.
Nehoreka denied ever committing the offence, arguing “as a spirit medium of Zimbabwe and Africa”, his role involves properly installing and dethroning improperly installed traditionalists.
He said Chief Tandi fell in the latter group as his ascendency to the throne was being contested by members of his dynasty and in particular Peter Muchatisi.
He said on December 1, when the incident occurred, Chief Tandi voluntarily and wilfully handed him his badge so that he resolves the chieftainship wrangle with Muchatisi.
This, he said, was done freely, without undue influence and duress.
Nehoreka argued that he instructed Chief Tandi and Muchatisi to follow him to his Mvurwi Shrine so that he would resolve the matter and surrender the badge to the rightful heir apparent, but the complainant had not done so resulting in him holding on to the badge.
Nehoreka’s intervention was despite the fact that the chieftainship wrangle was before the administrative court.
In a summation, Nehoreka described the allegations as “uncouth and malicious”.
“I never stripped him of his badge. I did not remove it, but he brought it where I was seated. I never forced him because there was no hatred between us. I do not use threats when settling chieftainship wrangles. All I do is to ensure that all contestants input in the process so that we arrive at who should be the rightful heir to the throne. That is the person I will give the badge,” he said.
Asked in what capacity he will be doing that, Nehoreka said “Ndiri mutumwa weZimbabwe neAfrica. I am the chief spirit medium that resolves chieftainship disputes to avoid spilling of blood”.
The State called its key witness and complainant, Chief Tandi, who was the first to lose his cool, raise his voice and pointing an accusing finger at the defence attorney, during cross-examination, branding him “mad” for insinuating that he was “a bogus chief installed at a political gathering”.
“You are mad, unorwara, hazviiti,” fumed Chief Tandi, prompting Mr Takaindisa to demand a retraction through the court.
When Mrs Ururu-Madondo asked him to withdraw, Chief Tandi complied, but not without taking another aim at the lawyer.
“But you should not put words into my mouth again, wazvinzwa,” said Chief Tandi, forcing the lawyer to hit back.
“Do you have some psychological or mental problems? Behave like a sober person.”
Chief Tandi argued he was properly installed in accordance with the Traditional Leaders Act on May, 12, 2008. He said Nehoreka was working in cahoots with Muchatisi in attempting to dethrone him.
“I am Chief Tandi and was installed on May 12, 2008 after President Mugabe consented to my procedural appointment. My installation was superintended by Local Government Minister Ignatius Chombo.
“Spirit medium (Nehoreka) plays no role at all in the selection of our chiefs and he has no right to interfere with it because he is a total stranger, who stays in Mvurwi,” he added.
Chief Tandi rebutted assertions by Mr Takaendesa that he voluntarily surrendered his badge to the accused and did not say when he would want it back.
He said Nehoreka threatened him.
“It was a directive. The environment was so threatening. I was engulfed in fear at his threats. I took some time to obey his order and only complied when he said he would send one of his aides to remove it.
“His actions were contemptuous of the authority that installed me into the office of Chief Tandi. His actions were tantamount to stripping me of the dignity of the office of Chief Tandi. It was a dethronement and it has affected the discharge of my duties as a chief,” he added.
Mr Takaendesa accused him of lying and fabricating evidence to nail the accused.
“You are lying and fabricating allegations against the accused. At your age (78) you are not ashamed of lying. Did you tell him when you wanted the badge back? Up to now you have not told him you want it back. It is in safe custody.”
Second State witness Elias Nyashanu said Nehoreka demanded to have the chief’s badge.
He corroborated Chief Tandi’s evidence that the environment at Chief Makoni’s court, where the incident happened, was intimidating and Chief Tandi was forced to comply with the instructions out of fear.
“He (Nehoreka) said isu tinouraya, tinochera gomba six feet, toisa munhu mukati, tofushira, totamba-tamba pamusoro. Those words instilled fear in Chief Tandi, I was also scared,” said Nyashanu, prompting an angry reaction from the defence lawyer.
“You are lying. Chief Tandi himself bwas here, but never said that. Why are you this desperate?
“Who do you want to please? If the accused person and your chief (Tandi) were in the lion’s den, and you are asked to rescue one, who will that be?” asked Mr Takaendesa.
Nyashanu said his wish would be to rescue both “but under the circumstances it may be impossible to save both at one time. If you have five senses like me, you will not save mutorwa, at the expense of your relative,” said Nyashanu.
Nyashanu said Nehoreka had no right to intervene in matters to do with the Tandi chieftainship.
Nyashanu went ballistic when Mr Takaendesa branded him a “liar bent on helping his uncle in a dead cause. You have become your chief’s belt and a shameless bootlicker of the complainant.”
“That has nothing to do with the matter at hand. What has that got to do with the badge rakatorwa zveganyabvu? I am only saying what I saw with my eyes and heard with my ears, unlike you who relies on what he told you,” he said.
During cross-examination by Mr Mutyasira, Nehoreka could not say which law he uses in installing and dethroning traditional leaders.
“I do not know the Act, kumusha hatina mutemo, tinoita chivanhu chedu.
“It is not the President who installs chiefs, tisu tinomupa semasvikiro, iye okumikidza bedzi. Tisu tinotobva naye kumusha tomuti uyu ndiye, ndotsika dzemudzimu,” argued Nehoreka.
Asked if he had any power to resist anyone the President would have installed as a chief, Nehoreka said as an installer, he had the right to do so.
“I cannot accept that once there are some disputes. Humambo hune makuva,” he argued.
Mr Mutyasira, after being irked by Nehoreka’s deliberate evasion of questions, raised his voice and banged the desk.
Nehoreka added drama to it by scurrying for cover to the far end of the witness box.
He left the packed gallery in stitches when asked what he was doing.
“My apologies, I feared that you wanted to beat me.
“Ndati regai ndisuduruke zvangu sezvo muri kuita sekunge muri kuda kundirova,” said Nehoreka, as he forced a court adjournment.
Mr Mutyasira and Mr Takaendesa met Mrs Ururu-Madondo in her chambers, where the latter was advised to caution his client to answer asked questions and “stop preaching”.
On resumption, Nehoreka pulled another one when he claimed that it was the spirit of Nehoreka that was answering the charges, making it difficult for the court and the prosecution to comprehend his speech.
“I can challenge you to ask me anything, even what happened before Jesus Christ and I will tell you. Mairasaka, you thought you were talking to Solomon, manje it is the spirit of Nehoreka that is talking.
“I am possessed naNehoreka izvozvi. It is not Solomon who is talking. That is why you cannot understand what I am saying,” said the spirit medium.
Mr Mutyasira said Nehoreka had no right to take the badge and his actions were a sign “of dethroning the chief.
“You were saying you do not deserve to be a chief and with that you took away his office’s authority.
“You had no right to take away the badge from a properly installed Chief and then asked him to follow you to Mvurwi,” said Mr Mutyasira.
The trial continues today (March 14). Manica Post
