CHAPTER 2 INTERROGATING THE INVOLVEMENT OF TRADITIONAL LEADERS IN ELECTORAL PROCESSES IN ZIMBABWE LINET SITHOLE*, BRIAN DUBE** & COWEN DZIVA*** ABSTRACT The partisan conduct of traditional leaders during electoral process contravenes national law and has been a source of electoral disputes in Zimbabwe. However, there remains a dearth of legal studies, with a nuanced analysis of cases regarding this conduct. Using court cases, extant literature and election reports, and this chapter explores the legal expectations for the role and conduct of traditional leaders during electoral processes. The chapter argues that the Constitution and relevant legislation clearly and unambiguously define the role of the institution of traditional leadership in electoral processes. Moreover, the chapter argues that despite being rigid in their application of procedural rules, Zimbabwean courts have made some key judgements against the partisan conduct of traditional leaders. The challenge, however, remains that of traditional leaders who defy court orders. The chapter vouches for relaxation of court rules and procedures and demands respect for and enforcement of court judgements. * ** *** Doctoral Candidate University of Cape Town and Law Lecturer at the Midlands State University in Zimbabwe. Legal Practitioner, Member of Parliament for Gweru Urban and acting director of Heal Africa Trust. Professional Development practitioner and Lecturer in the Julias Nyerere School of Social Sciences, Great Zimbabwe University, Masvingo. 7

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