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Home / Zim speaker implores Nam MPs to ensure inclusive justice
Zim speaker implores Nam MPs to ensure inclusive justice
2023-05-10Correspondent George SanzilaHarare - Speaker of the Parliament of Zimbabwe Jacob Mudenda has underscored the importance of traditional leaders in the dispensation of justice, and the need for parliaments to play a role in enhancing close collaboration between the modern and traditional justice system without eroding traditional norms and customs. Speaker Mudenda made this call during a meeting with Namibian lawmakers, who are on a study visit in Zimbabwe. The Parliamentary Standing Committee on Constitutional and Legal Affairs is currently visiting the Zimbabwean parliament and other stakeholders to learn about the effectiveness of the traditional justice system in that country. He bemoaned the current trend to push traditional leaders to the periphery, and urged lawmakers to ensure that the role of chiefs is recognised in legislation. “We have resorted to relegating the powers of our traditional leaders. We forget that our chiefs were the forerunners of justice and the fight for independence long before the formation of modern courts and political parties. As we try to restructure the role of our chiefs in the administration of justice, let’s not forget that historical context”, urged the Zimbabwean speaker.The leader of the Namibian delegation and deputy chairperson of the committee, Paula Kooper, noted that Zimbabwe has been identified as having made tremendous progress in the administration of its traditional court system. “We want to benchmark and learn from the achievements of your country during a one-week study visit to your parliament. The objective of the study visit is to afford the members of the standing committee and its secretariat the opportunity to learn how Zimbabwe has developed and implemented the traditional court system,” she said.The Community Courts Act 10 of 2003 brought the traditional courts formally into the Namibian legal system to serve as the primary point of access to the legal system in rural areas. As a result, Namibia has adopted a system of legal pluralism, comprising both common and customary laws.However, since the enactment of the law, a number of challenges continue to hamper its smooth implementation. These include inadequate budgetary allocations, lack of collaboration with stakeholders, a poor organisational structure, and fear of diminished customs and values by traditional authorities as a result of inclusion in the mainstream court system. Traditional authorities are further reluctant to apply customary law due to perceived conflicting perspectives, particularly on the concept of human rights and the requirements of the constitution.Zimbabwe has made progress in the implementation of its traditional justice system, with the majority of the rural community who make up over 70% of the population, using traditional courts to seek recourse. In terms of Zimbabwe’s Customary Law and Local Courts Act of 1990, customary law courts (comprising community courts presided over by a chief and primary courts presided over by a headman) have authority primarily in the application of customary law dealing with civil cases. The committee met the joint portfolio committees on justice, legal and parliamentary affairs, and that of local government, public works, national housing and social amenities. The committee further met the Council of Chiefs, who are also lawmakers representing communities in different provinces in the upper house, the senate. Chief Lukas Khumalo, the deputy president of the council, revealed that traditional courts are wel-l accepted by the community and that apart from ensuring justice, they continue to restore peace and harmony in communities. Each court is manned by a presiding officer, a clerk, two assessors and a messenger. However, he noted that the traditional court system is still faced with the challenge of financial resources, adding that allowances paid to court officials are negligible, despite the workload. “The allowances are meagre, and come from what litigants pay as court fees. We preside over so many cases, even more than modern courts. We have asked government to intervene and assist us because if we increase the court fees, we will end up denying those who cannot afford access to justice,” he stated.The committee will further meet the Zimbabwe Human Rights Commission, Judiciary Service Commission, and government ministries of justice, legal and parliamentary affairs, and that of local government and public works.The parliamentary standing committee on constitutional and legal affairs has the constitutional mandate to conduct parliamentary oversight on government ministries and agencies responsible for access to justice, including traditional authorities, protection of human rights, elections and combating of corruption. The committee includes Vincent Mareka, Apius Auchab and Edson Isaaks.*George Sanzila works for the National Assembly in the division: research, information, publications and editorial services. 2023-05-10Correspondent
