Beneficiaries are actors too.pdf - Southern Institute of Peace ...

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The cases above have revealed that the chief's role is that of a judge and a mediator. They are mediators because they are called upon to assist disputants in agreeing with each other. They are also arbitrators whose roles parallel those of judges. They devote their time to the resolution of disputes of distributive, marital, religious and cultural nature. In judicial courts, the sentences affirm that punishment ought to fit the crime committed but the findings in this research have demonstrated that sentences by chiefs are determined by other circumstances. Punishment as a deterrent There are instances when chiefs impose stiffer punishment to the offender to deter possible offenders from committing similar cases. In an interview with the researcher chief Mazano reiterated that cases such as rape to minors and bestiality (makunakuna) will automatically attract a stiffer sentence because the offences will invite the wrath of ancestral spirits on the community. Offenders will have to pay in form of cattle so that cleansing ceremonies are conducted. In cases involving murder, Chief Chounda pointed out that although these are not common such cases again attract a stiff punishment first before the person is handed to the police. The reasons for stiff punishment are that traditional courts are there to protect weaker people from those wicked individuals who do not value life. The other reason is that the victim has to be appeased so that vengeance is not directed at everyone in the village. The offenders have no choice but to comply with the demands of the chief and those of the offended family so that the burial of the victim may take place. Motive of the offender The motives of the offender in committing a crime are considered before a sentence is passed. A bad motive such as rape, raping infants for rituals, murder, witchcraft, bestiality and adultery attracts stiff penalties because there are no extenuating circumstances in these cases. The research has established that offenders and their extended families prefer payment of stiffer penalties outlined by traditional courts for fear of incarceration and possibly death sentences that the courts may impose on the offenders for the same crimes. 51
The chief's personality This influences the process of conflict transformation in that some chiefs are easily moved by people's pleas. One chief may be influenced by the mitigating plea of the offender, and may reduce sentence, while the other may be influenced by his tribal relationships with the offender or the offended (victim). This research has established that one of the chiefs canvassed for bribes during the preliminary stages of the case (before the trial day) so that he would rule in favour of the one who paid the bribe. The research has discovered that the chief's decisions on the case may be influenced by the political party of the victim. Offenders who belong to the same political party as the chief are likely to receive lenient punishment; whereas those that are from other political parties may get stiffer penalties. This has been common on matters involving political violence. The paper has unearthed that the age of the chief also influences the process of conflict transformation. A younger chief may fail to adhere to the principles of Unhu himself. For example' canvassing for bribes is against the traditional principles of Unhu. Other chiefs have corrupt tendencies that are driven by selfishness and greed. Such chiefs want to benefit from the criminals so much that individual's right to justice is flouted by unusual severity, especially in cases where the chief would benefit from the offender. The chief's personality and predisposition are key factors. This explains why crimes that are alike in all respects receive different sentences from different chiefs. This again explains why some victims may decide to appeal and report their cases to a different chief after having undergone a trial process under one chief. Victim-offender Relationship Myrna (2004) concluded that the relationship between the offender and the offended exerts influence on sentencing decisions and determination of compensation and penalty fees. Those that are closely related receive more lenient treatment because Shona tradition upholds the existence of peace after conviction and sentence. After the court session, the feuding 52
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Sustainable peace and development a
Page 3 and 4:
Sustainable peace and development a
Page 5 and 6: Contents Introduction: The primacy
Page 7 and 8: its work on community, with special
Page 9 and 10: in Africa. The paper highlights the
Page 11 and 12: 1 Women's access to microfinance an
Page 13 and 14: all household members, especially i
Page 15 and 16: family well-being are often higher
Page 17 and 18: “[b]y plugging the gap left by th
Page 19 and 20: As at 30 July 2011 the country's ba
Page 21 and 22: analysis will also be as much infor
Page 23 and 24: not about bemoaning the limited acc
Page 25 and 26: approach the MFIs, is that “it wi
Page 27 and 28: d) Indicators of the social and eco
Page 29 and 30: Illiteracy creates a situation of d
Page 31 and 32: Disabilities: Lessons from Zambia a
Page 33 and 34: Abbreviations and acronyms CBNRM Co
Page 35 and 36: (Murindagomo, 1990). Its main appro
Page 37 and 38: percentages to the gross domestic p
Page 39 and 40: some trees were not supposed to be
Page 41 and 42: formulation will ensure their total
Page 43 and 44: the commons'. The concept of commun
Page 45 and 46: esources in these government estate
Page 47 and 48: management in Botswana and Namibia:
Page 49 and 50: Introduction This article seeks to
Page 51 and 52: esearchers come to study with backg
Page 53 and 54: the land US$750.00. Mudzi laid the
Page 55: case the chief's court sought the t
Page 59 and 60: process of reporting a case is too
Page 61 and 62: and implies that offenders should r
Page 63 and 64: Cases reported to Chief Chounda bet
Page 65 and 66: 4 The role of Indigenous Knowledge
Page 67 and 68: enlarging the range of their choice
Page 69 and 70: this also served to promote food se
Page 71 and 72: development strategies in Africa sh
Page 73 and 74: countries seriously questioned why
Page 75 and 76: especting their realities and prior
Page 77 and 78: competing knowledge systems, charac
Page 79 and 80: impressive in transforming poor peo
Page 81 and 82: must be recognised if it is to be i
Page 83 and 84: implications for sustainable conser
Page 85 and 86: Pretty, J. N. (1994) Alternative sy
Page 87 and 88: Introduction The United Nations Edu
Page 89 and 90: Science educators have failed in th
Page 91 and 92: education in this historical era th
Page 93 and 94: esult may be disastrous. The HIV an
Page 95 and 96: affairs and ultimately the adoption
Page 97 and 98: esources, increasing green house ef
Page 99 and 100: years, and yet it is less than 100
Page 101 and 102: Fuchs, S. (2000) A social theory of
Page 103 and 104: 6 Re-examining the role of NGOs in
Page 105 and 106: that NGOs are involved in when tryi
Page 107 and 108:
to see the causes of conflict as go
Page 109 and 110:
which the oil is located are disgru
Page 111 and 112:
communities putting into question t
Page 113 and 114:
The controversies surrounding NGOs'
Page 115 and 116:
conflict ridden African states, whe
Page 117 and 118:
in resolving conflict and peace bui
Page 119 and 120:
Recommendations To work effectively
Page 121 and 122:
Juma, M.K. (2008) Conflict Preventi
Page 123 and 124:
Introduction The Zimbabwean land re
Page 125 and 126:
Government or private agencies. Thi
Page 127 and 128:
credit facilities, new farmers in Z
Page 129 and 130:
control 49 percent in any business
Page 131 and 132:
implementation of investment progra
Page 133 and 134:
the ice-berg. Disadvantaged areas m
Page 135 and 136:
eventual agreement on the implement
Page 137 and 138:
they are simply recipients of polic
Page 139 and 140:
the government embarks on a nationw
Page 141 and 142:
farm ownership in the country. The
Page 143 and 144:
8 Community-driven conflict resolut
Page 145 and 146:
approximately 800,000 Rwandans and
Page 147 and 148:
their mediation skills.” The cell
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well as centre-periphery thesis whi
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justice In the post-genocide era, t
Page 153 and 154:
marginalized and disenfranchised fr
Page 155 and 156:
summarized and simplified versions
Page 157 and 158:
In Rwanda for example, citizens cou
Page 159 and 160:
Although the use of carrot and stic
Page 161 and 162:
abunzi and the formal system beckon
Page 163 and 164:
Kauzya, John-Mary. (2007) Political
Page 165 and 166:
Conclusion All through the papers,
Page 167 and 168:
About the editor Samuel Maruta is t
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