INTRODUCTION
In some parts of Africa, traditional leaders
remain the main form of government for the rural
populace. This is the case in Zimbabwe, where
the Constitution,1 read together with the Traditional
Leaders Act [Chapter 27:17], establishes traditional
leadership. These laws prohibit traditional leaders
from engaging, directly or indirectly, in partisan
politics.2 However, existing literature3 and
election reports4 point to traditional leaders’ active
participation in politics. This is especially true with
respect to influencing electoral outcomes in favour
of the ruling Zimbabwe African National Union
Patriotic Front (ZANU PF) party. Important as these
studies are, however, they lack nuanced case law
analyses that build jurisprudence on
the involvement of traditional leaders in
electoral politics.
This chapter, therefore, seeks to fill the void
described above and provides analysis of the law
vis-a-vis the practice, backed with cases on the
conduct of traditional leaders in partisan politics.
Thus, the chapter contributes to the existing
literature on the legally defined role of traditional
leaders vis-a-vis their conduct during elections
in Zimbabwe. Beyond this debate, the chapter
critiques existing jurisprudence with regard to
traditional leadership’s involvement in electoral
processes, making use of judicial cases, quasijudicial cases, and extant literature in Zimbabwe.
A study of this nature builds a case for
consolidation of democracy by imploring litigants to
implead effectively for de-politicisation of traditional
leaders and the greater consolidation of inclusive
and competitive democracy.
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2
3
4
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METHODOLOGY AND
STRUCTURE OF CHAPTER
Methodologically, the chapter relies heavily on
extant literature from books, journals, reports, legal
documents, case laws, newspaper articles, and
opinions of traditional leaders. This is in addition
to the views of lawyers and individuals within civil
society organisations involved in electoral politics
and democratisation in Zimbabwe. The chapter
also benefits from the experience of the second
author, who has been in electoral litigation during
the 2008, 2013 and 2018 harmonised elections
in Zimbabwe. The experiences of the first and
third authors, who once worked as Human Rights
Officers responsible for handling complaints
(including election-related complaints) at the
Zimbabwe Human Rights Commission, were also
important and immensely benefited the study.
This chapter is divided into three sections. Section
one is this INTRODUCTION and background. Section
two examines the LEGAL INSTRUMENTS GUIDING
THE CONDUCT OF TRADITIONAL LEADERS
AGAINST THE PRACTICE IN ZIMBABWE. Section
three examines the EXISTING JURISPRUDENCE ON
THE INVOLVEMENT OF TRADITIONAL LEADERS
IN ELECTORAL POLITICS. Section four is the
CONCLUSION, which summarises the discussion
and proffers suggestions on entrenching the proper
conduct of traditional leadership in electoral politics
and democratisation.
Secs 280 – 283 of the Constitution of Zimbabwe.
Secs 281 of the Constitution of Zimbabwe.
L Ntsebeza Democracy Compromised: Chiefs and the Politics of the Land in South Africa’s National and Provincial Elections (2005) 43; C Logan ‘The Roots of Resilience Exploring
Popular Support for African Traditional Authorities’ (2015) 27 Journal of Contemporary African Studies 221; T Chigwata ‘The role of traditional leaders in Zimbabwe: Are they still
relevant?’ (2016) 20 Law, Democracy & Development 71; G, Mwonzora & E Mandikwaza, ‘The Menu of Electoral Manipulation in Zimbabwe: Food Handouts, Violence, Memory, and
Fear – Case of Mwenezi East and Bikita West 2017 by-elections’ (2019) 54 Journal of Asian and African Studies, p 1130.
European Union (EU) ‘2018 European Union Election Observation Mission: Final Report, Republic of Zimbabwe Harmonised Election 2018’ October 2018 https;//eeas.europa-eu/
election-obseravtion-mission/eom-zimbabwe-2018_en (accessed 20 February 2020) 1; Zimbabwe Election Support Network (ZESN) Report of the Zimbabwe Electoral Support
Network on Pre-Election Political Environment and Observation of Key Electoral Processes (2018).