TRADITIONAL leaders' courts are under increased scrutiny after some chiefs have been filmed harassing and infringing their subjects’ rights.
Historically, the courts presided over by chiefs, headmen and village heads have provided a platform for dispute resolution and social cohesion.
Under Zimbabwean law, traditional leaders have authority to preside over disputes within their jurisdictions, particularly those involving customary law.
The courts handle cases such as land disputes, inheritance issues and minor civil disputes, often relying on oral tradition and local customs rather than legal statutes.
However, questions have been raised about their relevance, fairness and adherence to human rights in the modern era following recorded cases of traditional leaders harassing their subjects.
Some traditional leaders have been filmed hearing cases of criminal nurture which do not fall under their purview and others have also exhibited extortionist tendencies when penalising offenders by demanding livestock.
Despite their importance, traditional courts have also faced criticism for alleged abuses of power and inconsistency in the application of justice.
Reports of unfair rulings, gender bias and favoritism have sparked concerns among human rights activists.
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Former minister and lawyer Fortune Chasi recently called for the traditional leaders' courts to fall under the Judicial Service Commission.
“Chiefs abusing their judicial authority is unacceptable. Live evidence shows extortionate practices in our traditional courts. Time for accountability. These courts must operate under the JSC for impartiality and standardisation of penalties,” he wrote on X.
“Why should chiefs’ courts remain unregulated? Rogue chiefs extorting fines harm the integrity of justice. JSC oversight would bring accountability and fairness, protecting citizens rights.
“Extortionate penalties in traditional courts are unacceptable. Chiefs must uphold, not exploit, justice. JSC supervision will prevent misconduct and ensure the rule of law prevails.”
Information, Publicity and Broadcasting Services secretary Ndavaningi Mangwana recently castigated traditional leaders who have a tendency of harassing and insulting their subjects.
“It is common cause in Zimbabwe’s diverse customs and traditions that not a single sub-culture accepts the use of obscenities in a public forum.
“Surely, if a traditional leader’s role is to safeguard our traditional values, is this one not doing the exact contrary? Such behaviour is not only unacceptable, but also creates a hostile environment for all parties involved,” he told the State-controlled media.
