family values and resolving disputes within their communities, ensuring peace and
tranquillity amongst the community.
ZHRC followed with interest the court cases on the involvement of traditional leaders
in political activities. ZHRC took more interest in two particular cases which were filed
by Elton Mangoma, the leader of the Renewal Democrats political party, as well as the
one file by the Election Resource Centre which is a Civil Society Organisation on
Elections, Democracy and Good Governance in Zimbabwe. In both the cases, the
courts, upheld the provisions of the Constitution which prohibit Traditional Leaders
from participating in partisan politics. In the Mangoma case, Justice Garainesu
Mawadze, sitting at Masvingo High Court ruled that the President of the Chiefs Council
– Chief Fortune Charumbira, and the National Chiefs Council (representing all 282
Chiefs in Zimbabwe) is banned and prohibited from making further political statements
on their involvement or allegiance to ZANU PF on any public platform. He further ruled
that traditional leaders who include Chiefs, Head Persons or Village Heads as
provided in section 280 (2) of the Constitution, must not be involved in partisan politics
as this is a violation of the right to a free and fair election as provided for in section 67
(a) of the Constitution. He also stated that conducting of campaigns on behalf of the
ruling party by traditional leaders (Chiefs, Head Persons or Village Heads) was
unconstitutional and a violation of the right not to be treated unfairly or in a
discriminatory manner on the basis of political affiliation.
In the ERC case, the High Court Judge Justice Clement Phiri, ruled that the President
of the Chiefs Council, Chief Fortune Charumbira was supposed to withdraw his
statement that traditional leaders would support the ZANU PF presidential candidate
in the upcoming 2018 harmonised elections. The judge also ordered Local
Government Minister July Moyo to take disciplinary action against Chief Charumbira.
These two judgements by the Judiciary were a positive development in the promotion
of political rights in Zimbabwe and opening the democratic space.
The ZHRC received complaints concerning the participation of Traditional Leaders in
partisan politics. Section 281(2) (a-c) of the Constitution outlines actions which
Traditional leaders should not partake in and these are inclusive of being members of
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