Chief Dakamela of Nkayi in Matabeleland North province has called for increased powers for traditional courts to send offenders to jail.
Dakamela argued that this would help curb cultural decay and strengthen community values.
Currently, traditional courts in Zimbabwe handle minor disputes such as those related to extra-marital affairs among others that do not warrant a custodial sentence.
Dakamela said this has rendered them ineffective in addressing more serious offenses that threaten social harmony.
“We should get powers to send people to jail in our traditional courts to stop the cultural rotten decline that is destroying humanity,” Chief Dakamela said in an interview.
Zimbabwe’s traditional justice system operates in a hierarchical structure, starting at the village level.
“The village head acts as a mediator. If discussions fail, the matter is taken to the village chairman,” he said.
“From there, it moves to the headman, known as mlisa, who traditionally had the power to pass sentences.
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However, if the headman cannot resolve the matter, the case escalates to the chief.”
Despite this structure, he argues that chiefs have been relegated to handling only minor disputes.
“We now deal with small cases — things like cattle grazing in the wrong fields, witchcraft accusations, minor assaults, and money disputes,” Dakamela said.
“Yet, these days, issues of culture are dynamic. Culture is the lifestyle of people at any given time, so everything happening in the community is part of our culture.
“Chiefs should be able to handle these cases.”
Chief Dakamela drew comparisons between Zimbabwe’s traditional justice system and the jury system used in Western countries, questioning why the former is considered informal.
“Their role is to ensure judgements align with the customs of the community,” he said.
“However, when cases are appealed at the magistrate’s court, they are judged under Roman-Dutch law, which does not always respect our traditional values.”
He also noted that even cases rooted in cultural traditions, such as lobola disputes, are sometimes taken to magistrates’ courts, and he believes this undermines the authority of traditional leaders.
To address these challenges, Chief Dakamela is advocating for traditional leaders to be granted the power to impose short prison sentences.
“Right now, our sentences are limited to fines in the form of chickens, cattle, or goats,” he argued.
“But what happens when a person has nothing to pay yet continues to cause havoc in the community?
“We need the power to sentence offenders to at least three to six months in prison.”
He also highlighted that some communities lack access to magistrates’ courts, making it difficult to report crimes such as early child marriages.
“Some magistrate courts are too far away. If traditional leaders had the power to handle such cases, it would make justice more accessible,” he said.
Chief Dakamela proposed a reform in the appeal system, suggesting that magistrates should include chiefs in their panels when handling cases appealed from traditional courts.
“If magistrates had at least two or three chiefs assisting in appeal cases, it would create a better balance and ensure that cultural values are respected in the judicial process,” he suggested.
As Zimbabwe continues to grapple with the relationship between traditional and modern justice systems, Chief Dakamela’s call for greater authority in traditional courts sparks an important conversation about the role of customary law in contemporary society.
