Chiefs in spotlight for abusing traditional courts

Traditional leaders' courts in Zimbabwe are facing increased scrutiny following allegations of harassment, rights violations, and extortion by some chiefs. These courts, historically seen as pillars of dispute resolution and social cohesion within communities, are now under investigation for potential abuses of power.

Traditionally, chiefs, headmen, and village heads have presided over a range of cases within their jurisdictions, including land disputes, inheritance issues, and minor civil matters. The courts rely heavily on customary law, oral traditions, and local customs rather than formal legal statutes. These courts have served as a means of maintaining order and resolving conflicts within rural communities for generations.

However, recent incidents have raised serious concerns about the fairness and human rights adherence of these traditional courts. In some recorded cases, traditional leaders have been filmed allegedly harassing their subjects, demanding livestock as fines, and hearing cases that fall outside their legal authority, such as criminal offenses.

Human rights groups have voiced alarm over these abuses, highlighting instances where chiefs are said to have acted with bias, favoritism, or even extortionist behavior. Critics argue that the system is increasingly prone to corruption, with some chiefs allegedly exploiting their judicial powers for personal gain.

Among those calling for reform is former minister and lawyer, Fortune Chasi, who has advocated for traditional courts to come under the jurisdiction of the Judicial Service Commission (JSC). Chasi argues that traditional courts, in their current state, are too prone to abuse and lack the necessary oversight to ensure fair and consistent rulings.

"Chiefs abusing their judicial authority is unacceptable," Chasi wrote on social media platform X. "Live evidence shows extortionate practices in our traditional courts. Time for accountability. These courts must operate under the JSC for impartiality and standardization of penalties."

Chasi emphasized that JSC oversight could help curb the alleged misconduct and ensure that traditional courts operate within the bounds of justice, protecting citizens' rights while promoting accountability.

The issue has also caught the attention of government officials. Ndavaningi Mangwana, the Secretary for Information, Publicity, and Broadcasting Services, recently condemned traditional leaders who use insults or harassment in their courts. He emphasized that such behavior contradicts the values traditional leaders are supposed to uphold.

"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," Mangwana said. "Such behavior is not only unacceptable, but also creates a hostile environment for all parties involved."

While traditional courts continue to serve an important role in Zimbabwean society, these recent revelations have sparked a growing call for reform. Human rights groups and legal experts argue that oversight and regulation of these courts are crucial to prevent further abuses and ensure that justice is served fairly and impartially.

As Zimbabwe navigates the tension between preserving traditional justice systems and ensuring the protection of fundamental human rights, the role of traditional leaders' courts in the modern era remains a topic of intense debate.