IT IS UNCONSTITUTIONAL FOR TRADITIONAL LEADERS TO BE MEMBERS OF ANY POLITICAL PARTY (INCLUDING THE RULING PARTY), TO ACT IN A PARTISAN MANNER, FURTHER THE INTERESTS OF ANY POLITICAL PARTY, OR VIOLATE THE FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS OF ANY PERSON (INCLUDING POLITICAL RIGHTS) TRADITIONAL LEADERS ACT The Traditional Leaders Act [Chapter 29:17] elaborates the role and lawful conduct of traditional leaders. Section 45 of the Traditional Leaders Act provides that: [I]n an election, traditional leaders are entitled to exercise their right to vote for any candidate of their choice, but traditional leaders may not stand for election to public office as president, parliamentarian or councillor. Traditional leaders may also not canvass or campaign for any candidate in an election or act as election agents or managers for election candidates. Nor any traditional leaders nominate any person as a candidate in an election for political office. 32 33 34 35 This provision is consistent with Section 281 of the Constitution, which prohibits traditional leaders from participating in partisan politics. It also prevents traditional leaders from standing for, or holding, any political office while proscribing participation in political activities. However, many traditional leaders have contested in elections under a political party ticket. For instance, during the 2018 elections, an acting Headman, one Mukahanana, contested for a seat under the ZANU PF ticket in Mutasa Central Constituency.32 He was also accused of directing all known opposition supporters in his area to be assisted in the voting process.33 When the issue was brought to light, the candidate opted to let go of the traditional leadership position and pursue his political campaign. The prohibitions on traditional leaders’ partisan participation in electoral processes does not infringe their right to vote, as provided in Section 67 of the Constitution.34 They can vote but cannot be voted for in national politics. The question that may be asked is whether the limitation on traditional leaders’ political participation is reasonably justifiable. As Makumbe has noted,35 this requirement does not prevent traditional leaders from seeking political office. Rather, it requires traditional leaders with such ambitions to relinquish their posts before joining politics. This ensures that traditional leaders remain independent and impartial. As an important institution with a broad mandate in community development, traditional leadership must be kept outside the toxicity of political parties to retain its dignity and respect. Thus, the prohibitions on political participation are reasonably justifiable in a democratic society. Zimbabwe Human Rights Commission (ZHRC), ‘2018 Harmonized Elections Report’ (2018) 20. As above. Sec 67 provides as follows: Political rights (1) Every Zimbabwean citizen has the right—(a) to free, fair and regular elections for any elective public office established in terms of this Constitution or any other law; and (b) to make political choices freely. (2) Subject to this Constitution, every Zimbabwean citizen has the right—(a) to form, to join and to participate in the activities of a political party or organisation of their choice; (b) to campaign freely and peacefully for a political party or cause; (c) to participate in peaceful political activity; and (d) to participate, individually or collectively, in gatherings or groups or in any other manner, in peaceful activities to influence, challenge or support the policies of the Government or any political or whatever cause. (3) Subject to this Constitution, every Zimbabwean citizen who is of or over eighteen years of age has the right— (a) to vote in all elections and referendums to which this Constitution or any other law applies, and to do so in secret; and (b) to stand for election for public office and, if elected, to hold such office. (4) For the purpose of promoting multi-party democracy, an Act of Parliament must provide for the funding of political parties. Makumbe (n 25) 88. 13