LEGISLATIVE FRAMEWORK This section analyses the legislative framework on elections in Zimbabwe, particularly on the conduct of traditional leaders in electoral processes. The discussion focuses on the Constitution, the Electoral Act [Chapter 2:13] and the Traditional Leaders Act [Chapter 29:17]. THE CONSTITUTION [AMENDMENT NO. 20] 2013 The institution of traditional leaders is established in Chapter 15 of the Constitution. The responsibilities of traditional leaders are explained in Section 280 (2) of the Constitution. These include performing the cultural, customary and traditional functions of the community. Section 281 of the Constitution outlines the principles that traditional leaders must observe. Section 281(1) of the Constitution states that: 1. 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, treat all persons within their areas equally and fairly, 2. Traditional leaders must not: a. be members of any political party or in any way participate in partisan politics; b. act in a partisan manner; c. further the interests of any political party or cause; or d. violate the fundamental rights and freedoms of any persons. 12 Section 282 (1) of the Constitution then lays down the functions of traditional leaders as follows: 1. Traditional leaders have the following functions within their areas of jurisdiction: a. to promote and uphold the cultural values of their commodities and, in particular, to promote sound family values; b. to take measures to preserve the culture, traditions, history and heritage of their communities, including sacred shrines; c. to facilitate development; d. in accordance with an Act of Parliament, to administer Communal Land and to protect the environment; e. to resolve disputes amongst people in their communities in accordance with customary law; and f. to exercise any other functions conferred or imposed on them by an Act of Parliament. The provisions of Section 281(2) of the Constitution require traditional leaders be refrain from partisan politics. The execution of the traditional leaders’ functions necessitates the holding of public meetings. However, such meetings should not be for the purposes of “(a) furthering the interests of any party or cause; and (b) violating the fundamental rights and freedoms of any person.” Such meetings must be used to advance constitutional norms and values, including access to information and political rights in election times. The exclusion of traditional leaders from partisan politics in terms of the Constitution of Zimbabwe is peremptory. 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).