Role of traditional leaders in elections

THE role of traditional leaders in governance processes has always followed the dictates of the ruling regimes since colonial Zimbabwe. Traditional leaders are always willing enablers to the government in all aspects, by design, default and coercion.

While the 2013 Constitution made a distinct departure in making clear provisions as to their role, practice has continued to be opposite and defiant. Are the constitutional provisions utopian?

The role of traditional leaders in communities continues to be important as it has been argued that they reduce transaction costs on behalf of government, facilitate faster and grounded decision-making and access to justice while maintaining their cultural functions and superintending over land access and use.

Their role in electoral processes in Zimbabwe is increasingly attracting interest of stakeholders including civil society, citizens and political parties.

It can be argued, from the onset, that electoral malpractice and fraud has long shifted from the ballot box and polling day to the political environment.

It is in this arena, that traditional leaders seem to superintend with unfettered power.

Their role has the effect of subverting the will and free choice of the people through intimidation.

This brief seeks to contribute to an understanding on what the traditional leaders’ role ought to be, what it is and what can be done to ensure uncontested intervention of the indigenous authorities.

The 2013 Constitution of Zimbabwe recognises and formalises the authority and legitimacy of the traditional institutions.

The Constitution explicitly lists a variety of powers and responsibilities of traditional leaders.

The Constitution requires traditional leaders in their areas of jurisdiction:

• To promote and uphold cultural values of their communities and, in particular, to promote sound family values;

• To take measures to preserve the culture, traditions, history and heritage of their communities, including sacred shrines;

• To facilitate development;

• In accordance with an Act of Parliament, to administer communal land and to protect the environment;

• To resolve disputes among people in their communities in accordance with customary law; and

• To exercise any other functions conferred or imposed on them by an Act of Parliament.

Traditional leaders play very critical roles in the process of good governance. These roles can be categorised as follows: advisory role to government and participation in the administration of rural areas; developmental role, complementing government efforts in mobilising rural communities in implementing developmental projects, sensitising them on health issues such as HIV and Aids, promoting education, encouraging economic enterprises, inspiring respect for the law and urging participation in the electoral process and conflict resolution.

Traditional leaders are utilised in urging citizen participation in electoral processes.

This apparently nascent role is questioned relating to its “ought to be” status. It is the current conundrum of political processes and traditional leaders.

• In principle, 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 person.