The Matabeleland Institute for Human Rights (MIHR) is pushing for separation of powers in the Traditional Leaders Act to curtail the influence of traditional leaders which is prone to abuse, Southern Eye has established.
According to the MIHR director, Khumbulani Maphosa, the amendment of the Act faced a setback after petitions were banned during elections in 2023.
“So we now have a tall order to resubmit the petition on the separation of powers in the Traditional Leaders Act,” Maphosa said.
He said the topic would be debated in Parliament.
“We have to wait and see as an organisation what the final result will be so that we will be able to act. This [issue] is one of the current agendas in Parliament.
“So, we are actually observing what the final outcome will be. Therefore we are going to decide afterwards whether to resubmit or not,” Maphosa said.
The MIHR disclosed that it had petitioned government over the provisions of the Traditional Leaders Act which stipulate that the village head is the only one who handles projects.
Maphosa bemoaned lack of separation of powers when it comes to the administration of village affairs because the village head handles everything when there should be a village chairperson assuming certain roles.
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He said the roles changed when it came to ward level because at that stage there was both the headman and councillor who assisted each other in implementing ward developmental projects as compared to the village level where the village head singlehandedly did everything on his or her own.
Maphosa said the organisation wanted government to amend the Traditional Leaders Act so that it aligned with the constitutional principles of separation of powers.
