We’ve been adjudicating over murders - Chief Kaundu
Kenya Kambowe
Kapako
While the justice ministry says community courts do not the authority to preside over murder cases, chief of the Mbunza Traditional Authority, Alfons Kaundu, says it has been a common practice.
In an interview with Ewi lyaNooli, Kaundu, who is currently presiding over the murder case of the late Engidius Kayanguya (35), who was found floating in the Kavango River with a number of his body parts – including his testicles – missing, said for years it has been a custom for traditional authorities to deal with these matters.
According to the ministry, community courts are not allowed to try persons accused of murder or rape, but families can turn to traditional authorities for what is regarded as a ‘wiping of tears’ – not necessarily to find suspects guilty, as that is left in the hands of the police and a competent court.
“We have been presiding over matters of this nature for a long time,” Kaundu said when asked whether he agrees with the ministry’s position.
So far, seven people have testified in the Mbunza Community Court with regards to Kayanguya’s mysterious death.
Kaundu said no one has admitted to the murder, which has now resulted in the court engaging the police on the way forward.
Assisting the police
Kaundu said the role of the community court is to “assist the police and the magistrate’s courts to find justice”.
He added that in the event someone admits to having committed murder or any crime, the police will be informed to apprehend the suspect, who will then be tried in a competent court and dealt with as per the judicial service.
Once a person is found guilty for a crime, he or she will serve his punishment as per the law dictates and will be fined as per the customary law of the traditional authority, Kaundu said.
“The accused person will have to compensate the family for the damages or harm they have caused.”
[email protected]
Kapako
While the justice ministry says community courts do not the authority to preside over murder cases, chief of the Mbunza Traditional Authority, Alfons Kaundu, says it has been a common practice.
In an interview with Ewi lyaNooli, Kaundu, who is currently presiding over the murder case of the late Engidius Kayanguya (35), who was found floating in the Kavango River with a number of his body parts – including his testicles – missing, said for years it has been a custom for traditional authorities to deal with these matters.
According to the ministry, community courts are not allowed to try persons accused of murder or rape, but families can turn to traditional authorities for what is regarded as a ‘wiping of tears’ – not necessarily to find suspects guilty, as that is left in the hands of the police and a competent court.
“We have been presiding over matters of this nature for a long time,” Kaundu said when asked whether he agrees with the ministry’s position.
So far, seven people have testified in the Mbunza Community Court with regards to Kayanguya’s mysterious death.
Kaundu said no one has admitted to the murder, which has now resulted in the court engaging the police on the way forward.
Assisting the police
Kaundu said the role of the community court is to “assist the police and the magistrate’s courts to find justice”.
He added that in the event someone admits to having committed murder or any crime, the police will be informed to apprehend the suspect, who will then be tried in a competent court and dealt with as per the judicial service.
Once a person is found guilty for a crime, he or she will serve his punishment as per the law dictates and will be fined as per the customary law of the traditional authority, Kaundu said.
“The accused person will have to compensate the family for the damages or harm they have caused.”
[email protected]
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