Traditional Leaders

The institution, status and role of traditional leaders under customary law are recognised.

A traditional leader is responsible for performing the cultural, customary and traditional functions of a Chief, head person or village head, as the case may be, for his or her community.

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 (c) treat all persons within their areas equally and fairly.

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.

Traditional leaders have the following functions within their areas of jurisdiction— (a) to promote and uphold the cultural values of their communities 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.

Except as provided in an Act of Parliament, traditional leaders have authority, jurisdiction and control over the Communal Land or other areas for which they have been appointed, and over persons within those Communal Lands or areas.

In the performance of their functions, traditional leaders are not subject to the direction or control of any person or authority, except as may be prescribed in an Act of Parliament.

An Act of Parliament must provide for the regulation of the conduct of traditional leaders.

An Act of Parliament must provide for the following, in accordance with the prevailing culture, customs, traditions and practices of the communities concerned— (a) the appointment, suspension, succession and removal of traditional leaders; (b) the creation and resuscitation of chieftainships; and (c) the resolution of disputes concerning the appointment, suspension, succession and removal of traditional leaders; but— (i) the appointment, removal and suspension of Chiefs must be done by the President on the recommendation of the provincial assembly of Chiefs through the National Council of Chiefs and the Minister responsible for traditional leaders and in accordance with the traditional practices and traditions of the communities concerned; (ii) disputes concerning the appointment, suspension and removal of traditional leaders must be resolved by the President on the recommendation of the provincial assembly of Chiefs through the Minister responsible for traditional leaders; (iii) the Act must provide measures to ensure that all these matters are dealt with fairly and without regard to political considerations; (iv) the Act must provide measures to safeguard the integrity of traditional institutions and their independence from political interference.

An Act of Parliament must provide for the remuneration and benefits of traditional leaders to be fixed with the approval of the President given on the recommendation of the Minister responsible for finance and after consultation with the Minister responsible for traditional leaders.

The remuneration of a traditional leader must be charged upon and paid out of the Consolidated Revenue Fund.

The remuneration of a traditional leader must not be reduced while he or she holds or acts in the office concerned.

There is a National Council of Chiefs constituted in accordance with an Act of Parliament, to represent all Chiefs in Zimbabwe.

An Act of Parliament must establish for each province, other than the metropolitan provinces, a provincial assembly of Chiefs consisting of the Chiefs in that province.

So far as practicable the Chiefs in each province must be equitably represented in the National Council of Chiefs.

Elections of the President, Deputy President and members of the National Council of Chiefs must be conducted by the Zimbabwe Electoral Commission.

Each provincial assembly of Chiefs must elect, in accordance with the Electoral Law, Chiefs to represent the province in the Senate in terms of section 120(1)(b).

The President and Deputy President of the National Council of Chiefs are elected for a term of five years and are eligible for re-election for one further such term, but a person who has served two terms as Deputy President is eligible for election as President.

An Act of Parliament must provide for— (a) the election of Chiefs to the National Council of Chiefs, and the qualifications and disqualifications of candidates for election; (b) the oath of office to be taken by members of the National Council of Chiefs and provincial assemblies of Chiefs; (c) the tenure of office of members of the National Council of Chiefs; (d) the remuneration, pension and other benefits of the President, Deputy President and members of the National Council of Chiefs; (e) the procedure to be followed at meetings of the National Council of Chiefs and provincial assemblies of Chiefs; and (f) the establishment of a secretariat for the National Council of Chiefs and provincial assemblies of Chiefs.

The National Council of Chiefs and, within its province, a provincial assembly of Chiefs have the following functions— (a) to protect, promote and develop Zimbabwe’s culture and traditions; (b) to represent the views of traditional leaders and to maintain the integrity and status of traditional institutions; (c) to protect, promote and advance the interests of traditional leaders; (d) to consider representations and complaints made to it by traditional leaders; (e) to define and enforce correct and ethical conduct on the part of traditional leaders and to develop their capacity for leadership; (f) to facilitate the settlement of disputes between and concerning traditional leaders; (g) to perform any other functions that may be conferred or imposed on it by an Act of Parliament.

An Act of Parliament must ensure that— (a) the National Council of Chiefs and all provincial assemblies of Chiefs are able to carry out their functions independently and efficiently; and (b) persons employed by the National Council of Chiefs and provincial assemblies of Chiefs carry out their duties conscientiously and impartially.

An Act of Parliament must provide for the establishment, membership and procedures of an Integrity and Ethics Committee of Chiefs, to exercise the following functions— (a) to develop and enforce integrity and ethical conduct on the part of traditional leaders; (b) to resolve disputes between traditional leaders; (c) to deal with complaints against traditional leaders.