Chokuda case: Avenging spirits exact justice?

Comment & Analysis
  BY JENNIFER DUBE   THE way slain MDC-T activist Moses Chokuda’s avenging spirit tormented his killers and their families left Gokwe terrified and captured the imagination of many Zimbabweans.

 

So fearful was Midlands governor and Zanu PF provincial chairperson Jason Machaya, whose son was one of the killers, he did not hesitate to part with 35 head of cattle and US$15 000 to compensate Chokuda’s family.

 

Chokuda died in March 2009 at the hand of Farai Machaya, brothers Edmore and Bothwell Gana as well as Abel Maphosa.

 

The murderers were recently jailed for up to 18 years after inordinate delays in their case.

 

But the move by Machaya to compensate the Chokudas, who for almost three years had refused to bury their son’s remains, ensured the conclusion of what might be one of Zimbabwe’s most intriguing murder cases.

 

Chokuda’s remains were finally buried in Gokwe last Saturday after the family performed some rituals.

 

Now observers believe his case could be used as a template to address the problematic issue of political violence and impunity.

 

Phathisa Nyathi, a prominent historian said the case was a lesson that whoever spills blood should face the music.

 

“It should be a lesson to other people,” Nyathi said. “It shows that if you allow yourself to be used, it does not affect the person who gave the order, but it affects you the murderer.

 

“The sender is very safe, and the one who spilt blood suffers.”

 

The case, according to Nyathi could also reopen debate on the power of traditional belief systems in resolving conflict.

 

“The traditional system worked in this case because in our African culture imprisoning a culprit does not help at all,” he added.

 

“When such things happen in our culture, what is important is to reestablish the lost equilibrium, the lost harmony, the injured social relations.

 

“The Shona have the best solution to this; the operation of ngozi where the murderer has to pay.”

 

While serving a jail sentence would go a long way in punishing the murderers, Nyathi said the avenging spirit would have continued to torment them after prison had they failed to “make amends with the injured”.

 

He cited the example of the Gukurahundi atrocities in the 1980s, which he said “will never affect those who gave orders, but willing agents and their families”.

 

“It will cost your parents, while those who sent orders are comfortable in their offices,” Nyathi said.

 

 

Organ of National Healing, Reconciliation and Integration co-minister Moses Mzila-Ndlovu, said while anticipating that people can forgive each other, the government’s reconciliation programme was flawed.

 

He said as a result his MDC party was trying to convince its partners in the unity government to support a process that will promote disclosure about past human rights violations.

 

“We prefer an approach which starts with acknowledgement of the atrocities, for example those perpetrated by the 5th Brigade, which make the greater part of the national healing project,” Mzila-Ndlovu said.

 

“If you look at the Chokuda case, there was acknowledgement.

 

“We are not going to achieve anything by just saying that people should forgive each other.

 

“The justice that happened in the Chokuda family has to be extended to the 5th Brigade victims whereby the courts sentence the perpetrators to long jail terms.

 

“There has never been any acknowledgement, no arrests, no justice in the fifth Brigade massacres cases.”

 

Mzila-Ndlovu added that it was obvious getting this justice was not going to be easy.

 

Zimbabwe National Traditional Healers Association leader Professor Gordon Chavhunduka said the Chokuda case would help them drive home the point that traditional systems can work in fostering healing.

 

“The message is that we should use traditional systems,” Chavhunduka said.

 

“In 1980 after the war, the Zanu PF government used traditional experts to go around the country and talk to people about reconciliation.

“It has a lasting effect because people respect traditional systems.”

 

He said although the court system works, people were still more inclined towards their traditional beliefs.

 

Jesuit priest Father Oscar Wermter said there could be many similar cases.

 

He also supported the view that the traditional system could work, “but it is not enough”.

 

“This is not an individual case, there are many cases like this, and therefore many victims,” said Wermter.

 

“Human life cannot be paid for because once a family has lost a father, there is no replacement for that father no matter the payment.

 

“So what we need is to address the issue of political violence in general, whereby parties continue to blame each other.”

 

The best solution, Wemter said, was to address the culture of violence which has become deeplyembedded in Zimbabwe’s political fabric.