Call for creation of specialised customary court of appeal

GOVERNMENT has called for the creation of a specialised customary court of appeal with the same status as the High Court.

Justice, Legal and Parliamentary Affairs Minister Ziyambi Ziyambi said the country enjoyed a dual legal system and traditional leaders should be given equal status with modern judicial officers.

He said according to research, traditional leaders were handling 67 percent of cases, while the remainder were dealt with by modern courts.

He made the remarks while giving a lecture on the country’s Constitution to army students attending the Joint Command Course Number 31 at the Staff College, Josiah Magama Tongogara Barracks, in Harare yesterday.

“There is need to give our traditional leaders corresponding powers,” said Minister Ziyambi. “I believe dual judiciary system up to a certain level will be fair and appropriate for chiefs dispensing justice in the areas they preside over.”

Minister Ziyambi said there was need to clean-up the system and give credence to the work of traditional leaders.

He cited Botswana, where the hierarchy of traditional dispute resolution mechanism begins at the household level before it is escalated to the extended family level, formal customary court and finally to the customary court of appeal.

The Botswana traditional court, he said, had the same status as the High Court.

“The country can set up a dedicated customary court of appeal and if a person fails to obey the decision of a traditional institution, the person is reported to the presiding officer, who gives the person 48 hours to show cause and if he fails to, he is punished,” said Minister Ziyambi.

He called for research and codification of key concepts, practices and norms of justice systems for different tribes in Zimbabwe to protect them and ascertain where, when, how and under what circumstances they operated, including ensuring that they complied with the thresholds set in the Constitution.

“This also increases uniformity and consistency in the application of the traditional dispute resolution mechanisms of traditional courts,” he said.

Minister Ziyambi said it was important to train and impart traditional leaders with requisite knowledge and skills for handling cases.