A DELINQUENT traditional leader has landed himself in deep trouble over his outlandish partisan remarks, after he recently publicly declared his allegiance to the ruling ZANU PF political party, in violation of provisions of the Constitution, which outlaws such parochial conduct.
Stanley Chimanikire, who is the Chief Seke Designate, was hauled before the High Court recently by Esther Vongai Zimudzi, a pro-democracy campaigner, after he made some unpalatable remarks and chanted some ZANU PF political party slogans during an address at a meeting held in Seke in Mashonaland East province.
In an application, which was filed by Zimudzi’s lawyer, Obey Shava of Zimbabwe Lawyers for Human Rights, the pro-democracy campaigner protested that Chief Seke violated some provisions of the Constitution particularly section 281 of the Constitution and section 45 of the Traditional Leaders Act, when he publicly chanted a ZANU PF political party slogan to the following effect; “2030 Va Mnangagwa vanenge vachitonga, Pamberi neZANU PF. Pasi nemhandu”, which loosely translates to; “Mnangagwa would still be ruling in 2030, forward with ZANU PF, down with the enemy”.
Zimudzi argued that Chief Seke’s utterances endorsing and pledging allegiance to ZANU PF political party and President Emmerson Mnangagwa were unconstitutional insofar as his conduct violates inter alia the requirement for him as a traditional leader to be impartial and apolitical as per the provisions of section 281 of the Constitution.
She contended that her political rights and her right to impartial and apolitical conduct by traditional leaders have been infringed by Chief Seke’s public pledge of his alliance to President Mnangagwa and ZANU PF political party while condemning those of a different political persuasion.
Zimudzi argued that the public pledge by Chief Seke of his alliance to President Mnangagwa and ZANU PF political party while condemning those of a different political persuasion is an affront to section 67(1) and (2) of the Constitution, which guarantees political rights and section 281 of the Constitution, which prescribes that traditional leaders must be impartial and non-partisan.
Apart from Chief Seke, Zimudzi also cited the National Council of Chiefs, Local Government and Public Works Minister Hon. Daniel Garwe and Attorney-General Virginia Mabhiza as respondents to her application, which is yet to be set down for hearing at the High Court.
Zimudzi wants the High Court to order Chief Seke to retract in writing his partisan utterances and the ZANU PF political party slogans, which he chanted as he addressed a gathering in his capacity as Chief Seke by issuing a countermanding statement in a newspaper with national circulation and endeavour to make the statement available to private and public media houses within seven days of being served with the court order.
She also wants the High Court to direct the National Council of Chiefs, whose functions includes maintaining the integrity and status of traditional institutions and defining and enforcing correct and ethical conduct on the part of traditional leaders, to commence disciplinary proceedings for misconduct against Chief Seke and for Hon. Garwe to circulate the High Court order widely through the auspices of the National Council of Chiefs and Provincial Assemblies of Chiefs.
The pro-democracy campaigner said she was left shocked, appalled and dismayed by Chief Seke’s brazen contravention of section 67 and section 281 of the Constitution, and this led her to write a letter to the traditional leader on 4 July 2024, demanding a retraction of his partisan utterances coupled with an apology.
However, Chief Seke disregarded her demand and had neither retracted his partisan utterances nor offered an apology to her, leaving her with no option but engage Shava, who filed the application at the High Court.
Zimudzi complained that this is not the first time that Chief Seke had behaved in a partisan manner as he had once publicly pledged his alliance to the country’s and the ZANU PF’s political party’s late and former leader, Robert Mugabe in 2015, wherein he reportedly stated that; “Let us support ZANU-PF and its leader President Mugabe. I know some will say that Chiefs must not be political, but with me it is different. Let me tell you the people of Seke that if you do not support Mugabe, living with me will be difficult”.
Zimudzi charged that while she appreciates that traditional leaders have rights, individually, to express their political preferences as citizens and to align themselves with their preferred political parties, their political rights are subservient to section 281 of the Constitution, which regulates their political conduct and while section 58 of the Constitution guarantees citizens the right to freedom of assembly and association and while section 67 of the Constitution accords citizens the right to join and to participate in the activities of a political party of their choice, there are rights that one forfeits, constitutionally, by virtue of accepting the office of a traditional leader in the country.
This, Zimudzi said, is a fact lost on Chief Seke hence his untoward public allegiance to ZANU-PF political party, which cannot be countenanced.
Traditional leaders, Zimudzi said, are revered and wield great influence not only upon their communities but upon the general citizenry, hence it is incumbent upon them to respect the law and conduct themselves in a non-partisan and apolitical manner.
She said while traditional leaders play a pivotal role in mediating and adjudicating over disputes in their communities and promote social cohesion, their meddling in politics as was done by Chief Seke greatly compromises this important role and this makes it difficult to see how a traditional leader, who publicly declares his allegiance to a political party can be an objective and impartial leader to a community with subjects of diverse political persuasion.
ENDS
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