4 HH 270-18 HC 1718/18 SUPREMMACY OF THE CONSTITUTION Section 2 of the Constitution of Zimbabwe 2013 provides that the Constitution is the supreme law of the country and that any law or conduct inconsistent with it is invalid. THE CONSTITUTION Section 281 of the Constitution states that: 4.3 The provisions of s 45 are consistent with the provisions IN [Chapter 15 of the Constitution that are designed to keep traditional leaders outside of partisan politics, in particular, s 281 which states that: “(1) (2) Traditional leaders must: (a) act in accordance with this Constitution and the laws of Zimbabwe; (b) observe the customs pertaining to traditional leadership and exercise their functions for the purposes for which the institution of traditional leadership is recognised by this Constitution; and, (c) treat all persons within their areas equally and fairly, Traditional leaders must not: (a) be members of any political party or any way participation in partisan politics; (b) act in a partisan manner; (c) further the interests of any political party or course; or (d) violate the fundamental rights and freedoms of any person.) THE TRADITIONAL LEADERS ACT Section 45 of the Traditional Leaders Act [Chapter 29:17] provides that: “in 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.” Section 2 of the Traditional Leaders Act [Chapter 29:17] provides for the disciplinary procedure where it is alleged that a chief has committed an offence or any act of misconduct. It was submitted for and on behalf of the applicant that the first respondent’s remarks violated the provisions of s 281 of the Constitution of Zimbabwe and ss 45 and 45 of the Traditional Leaders Act [Chapter 29:17] . It was submitted on behalf of the applicants that “the first respondent’s statement admonishing chiefs to support a particular candidate and political party in the forthcoming elections, of Zimbabwe in 2018, are contrary to the values of Zimbabwe and the national objectives enshrined in s 3 [Chapter 2] of the Constitution of Zimbabwe specifically