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

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parties <strong>are</strong> encouraged to forgive each other despite the penalties<br />

imposed since they belong to the same community or family.<br />

Emotional responses that a case may elicit at times have<br />

enormous influence on the sentences imposed. The example <strong>of</strong><br />

wife beating cited in this research serves as testimony to this.<br />

Husbands who were reported by their wives on charges <strong>of</strong> wife<br />

beating walked away with warnings because the traditional court<br />

system respects the fabric tying husbands to their wives. Giving<br />

stiffer punishments, it has been noted, would result in hostilities<br />

in the families.<br />

Gender<br />

This research has unearthed that female <strong>of</strong>fenders <strong>are</strong> given<br />

lighter sentences if their <strong>of</strong>fences <strong>are</strong> not spiritual cases such as<br />

witchcraft and murder. Male <strong>of</strong>fenders in cases like theft were<br />

slapped with stiffer punishment as comp<strong>are</strong>d to their female<br />

counterparts. The explanation given was that females <strong>are</strong> a<br />

weaker and protected sex <strong>of</strong> the Shona tradition just like children.<br />

Men on the other hand, were expected to fend for their families<br />

rather than resort to unorthodox means <strong>of</strong> acquiring things.<br />

Gravity <strong>of</strong> the <strong>of</strong>fence<br />

In Shona tradition, life is valued more than anything else. Anyone<br />

who takes another person's life is regarded as an outcast. In this<br />

regard, people who commit crimes against humanity like murder,<br />

or any crime that disturbs the existence <strong>of</strong> fellow community<br />

members <strong>are</strong> given stiffer punishment. Cases like burning <strong>of</strong><br />

someone's granary, house, grass meant for cattle grazing and<br />

incest <strong>are</strong> examples <strong>of</strong> some cases that attract stiffer penalties.<br />

The logic behind this is that these crimes <strong>are</strong> rated as violating the<br />

concept <strong>of</strong> unhu.<br />

Challenges and limitations <strong>of</strong> the traditional process <strong>of</strong> conflict<br />

transformation<br />

The institution <strong>of</strong> traditional authorities in Zimbabwe is a<br />

recognized institution that operates within set parameters and<br />

guidelines. Despite these guiding principles there <strong>are</strong> several<br />

limitations and challenges to the traditional process <strong>of</strong> conflict<br />

transformation. Gwaravanda (2011) noted that the traditional<br />

53

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