A ZIMBABWEAN court has ordered an errant traditional leader to retract some ZANU PF political party slogans, which he uttered during an address at a meeting, conduct which a judicial officer judged to be unconstitutional.
Chief Seke, born Stanley Chimanikire, recently stood trial before Justice Samuel Deme, when he was hauled before the High Court 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 the application, which was filed at High Court in 2024 by Zimudzi’s lawyers Obey Shava of Zimbabwe Lawyers for Human Rights and Obey Chitowamombe of Shava Law Chambers, the pro-democracy campaigner faulted Chimanikire for publicly declaring his allegiance to the ruling ZANU PF political party, in violation of provisions of the Constitution, which outlaw such parochial conduct.
The gritty pro-democracy campaigner argued that Chimanikire 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, who 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, argued that Chimanikire’s utterances endorsing and pledging allegiance to ZANU PF political party and President Emmerson Mnangagwa were unconstitutional insofar as his conduct violated 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 were infringed by Chimanikire’s public pledge of his alliance to President Mnangagwa and ZANU PF political party while condemning those of a different political persuasion, which 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.
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.
Zimudzi asked the High Court to order Chimanikire, who opposed the pro-democracy activist’s application, arguing that the slogan was uttered during a private function and there was nothing constitutionally untoward about it, 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 asked 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.
On 4 August 2025, Justice Deme ruled that Chimanikire violated the provisions of section 281(2)(c) of the Constitution, when he in his capacity as Chief Seke, uttered some partisan remarks during an address to a gathering, where he chanted the ZANU PF political party slogans.
The Judge stated that Chimanikire’s conduct in uttering the partisan remarks is contrary to the conduct expected of traditional leaders and emphasised that whether during an election or not, traditional leaders are not supposed to further the interests of any political party.
Justice Deme ordered Chimanikire to retract in writing 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.
The High Court Judge also directed Hon. Garwe to circulate the court order widely through the auspices of the National Council of Chiefs and Provincial Assemblies of Chiefs.
Chimanikire is the latest traditional leader to be sued for partisan conduct after former National Council of Chiefs leader Chief Fortune Charumbira was hauled before the High Court in 2018 by Elton Mangoma, who was the leader of the opposition Renewal Democrats of Zimbabwe political party, over his biased and unconstitutional utterances, where he had pledged to lend support to ZANU PF political party ahead of general elections.
ENDS
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