Constitutional Amendment Bill to restore political rights to traditional leaders

The recently gazetted Constitution of Zimbabwe Amendment Bill (No.3) is set to restore political rights to traditional leaders, enabling them to exercise civic privileges like any other citizen while regulating their conduct through an enabling law. The Bill, which opens a 90-day period for public consultation, will be tabled in Parliament for debate after input from the public and relevant stakeholders.

Clause 21 of the Bill specifically repeals Section 281(2) of the current Constitution, which previously barred traditional leaders from participating in partisan politics. The clause states: "This clause repeals section 281(2). It violates the political rights of traditional leaders. Their code of conduct shall be provided in an Act of Parliament." Under the existing Section 281(2), traditional leaders were prohibited from being members of political parties, engaging in partisan politics, furthering the interests of any political party, or violating the fundamental rights of any person.

Chief Mtshane Khumalo, president of the Council of Chiefs, said traditional leaders plan to meet to review the Bill, particularly the clauses affecting them. "We shall be meeting as traditional leaders next week to brainstorm about the Clause. I am keen to hear from my colleagues on their views. We will discuss, assess the positives and negatives, and then take a position," Chief Khumalo said. He noted that if the Bill passes, it would trigger consequential amendments to the Traditional Leaders Act to align with the new constitutional framework. Section 45 of the Act, which currently prevents chiefs, headmen, or village heads from holding political office while in their traditional positions, is expected to be amended accordingly.

The Bill also contains broader changes, including extending the presidential election cycle from five to seven years and providing that the President be elected by Parliament.

After the 90-day public consultation period, the Bill will be tabled in Parliament, where the relevant Parliamentary Portfolio Committee will hold public hearings. It will then progress through the first, second, and committee stages, during which Parliament will scrutinize the Bill clause by clause and make any necessary amendments. For the Bill to pass, it will require a two-thirds majority of total parliamentary membership, not just those present during the vote.

The amendment marks a significant development in redefining the role of traditional leaders in Zimbabwe's political landscape, allowing them to participate in civic and political life while ensuring that their conduct is appropriately regulated by law.