Between Culture and the Constitution | Amanda Chakanyuka and Zimbabwe’s Struggle for Justice

Between Culture and the Constitution: The Case of Amanda Chakanyuka and Zimbabwe’s Struggle for Justice

A Shocking Ordeal

On July 12, 2025, Harare was rocked by a disturbing case involving 26-year-old Amanda Chizanga Chakanyuka, who allegedly kidnapped her ex-boyfriend, Linos Gapanga, with five unidentified accomplices. According to police reports and eyewitness accounts, Amanda accused Gapanga of rape and impregnation and then forcibly took him to a lodge in Highfield, where he was physically assaulted and coerced into unprotected sex to “remove rituals.” Following the act, the group stole his wallet and bank cards.

Amanda has been arrested, while her five male accomplices remain at large. The case, still under investigation, has generated intense public debate and media scrutiny, especially given its intersection of cultural belief, sexual violence, and legal boundaries.

Understanding the Legal Ramifications

Zimbabwe’s legal system provides clear statutes to prosecute offenses like kidnapping, aggravated indecent assault, robbery, and deliberate transmission of STIs:

• Kidnapping & Detention: Punishable by up to life imprisonment.
• Sexual Assault (even by women): Section 66 enables prosecution of female offenders for coercive or penetrative acts.
• Robbery & Physical Harm: Adds layers to sentencing severity.

The justice system treats these violations seriously, but challenges persist—especially when gender dynamics and cultural claims complicate the narrative.

When Tradition Meets Justice: The “Ritual Cleansing” Defense

The alleged motive of "ritual cleansing" touches a raw nerve in Zimbabwean society. Practices rooted in spiritual purification are often deeply held, especially in rural communities. However, Section 2 of Zimbabwe’s Constitution is clear: any custom violating human rights is invalid.

Customary courts and traditional leaders continue to influence justice delivery, but they are increasingly held accountable to national standards. Activist groups like ZimRights are working to align tradition with constitutional protections, particularly for women and children.

Female Perpetrators and Male Victimhood: A Legal Blindspot

Zimbabwe’s laws are gender-neutral, but enforcement often isn’t. Cases involving female perpetrators face societal disbelief, legal inconsistency, and stigma:

• Female offenders tend to receive lighter sentences, and judges may frame them as emotionally overwhelmed rather than willfully criminal.
• Men as victims of sexual assault encounter intense shame, leading to underreporting and reluctance to seek justice.

This case spotlights a rarely discussed reality, that gender roles and stereotypes can distort legal outcomes, whether in the courtroom or public opinion.

Media: A Mirror and a Megaphone

Zimbabwe’s media plays a crucial role in shaping public perception:

• Mainstream & Independent outlets amplify stories, pressure authorities, and spotlight human rights angles.
• Social media enables real-time outrage and citizen mobilization, but can also spread misinformation, victim-blaming, and dangerous stereotypes.
• Diaspora communities rely on media to stay connected, often influencing international perception and advocacy.

As such, the media functions as both storyteller and watchdog, but it must also combat viral rumors and biased reporting that obscure the facts.

The Misinformation Minefield

In cases involving culture and sexual violence, misinformation can:

• Twist narratives, erode public trust, and fuel gender bias.
• Justify criminal behavior via cultural myths.
• Undermine reform by spreading confusion about laws and victims’ rights.

Platforms like WhatsApp and Facebook can amplify false claims. Thankfully, local fact-checkers and civil society efforts are growing more vigilant in promoting digital literacy and truth.

Unexplored but Crucial Angles

Several underexamined aspects deepen this case’s complexity:

• Mental Health: Trauma for both victim and accused remains largely unaddressed.
• Forensic Challenges: Evidence collection is often delayed or poorly resourced.
• Community Response: Bystander silence and complicity raise ethical questions.
• Spiritual Jurisdiction: The tension between traditional authority and state law continues to influence justice accessibility.

Where Does Zimbabwe Go from Here?

The Chakanyuka case is more than a headline, it’s a crossroads where law, culture, media, and gender intersect. Zimbabwean courts are increasingly rejecting cultural defenses that infringe on human dignity, but the journey to holistic justice is far from over. Advocacy, education, media reform, and community engagement will all be essential in navigating these sensitive terrains..