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Report on the CADEGO/NCA traditional leaders workshop held at St James Zongoro Secondary School
Civic Alliance for Democracy and Governance (CADEGO)
April 21, 2006

Constituency: Mutasa South
Number of Participants: 36
Facilitators: Farai Maguwu and James Mundenda

Background
This workshop was held a few hundred meters from the home of the incumbent Member of Parliament for Mutasa South Constituency, Opha Muchinguri. The entire area surrounding Manica Bridge is politically sensitive due to the fact that it is the home of Opha Muchinguri, a very prominent political figure in the district. A culture of fear and insecurity engulfs the area before, during and shortly after election times. Traditional leaders are reported to get involved in political campaigns during elections and in the process discriminate some people on political grounds. Some traditional leaders are accused of fanning political violence by speaking inflammatory statements against people of different political persuasion. Democratic participation has been anathema to several communities in Mutasa South where traditional leaders are reportedly threatening to chase certain people out of their communities for political reasons. This has caused divisions within communities and in some cases has put a rift between traditional leaders and their people.

This workshop aimed at bringing traditional leaders to a place where these and other issues could be discussed in a friendly environment. The issue of a new and people-driven constitution was to help traditional leaders appreciate that they have a role to play in writing a new constitution that upholds the principles of democracy, good governance and justice. The workshop focused at enlightening traditional leaders on constitution making and democratic governance. Whilst people always expect good governance and democratic leadership from the central government, the concept of democracy and good governance must be taken to the village level where abuse and oppression is reportedly rife.

Introduction
The workshop started at 10 00am with an opening prayer from Village Head Kadzima. The prayer was followed by traditional greetings that were led by Village Head Ndorikanda. Mr Maguwu then asked participants to say out their expectations of the workshop. Participants said they wanted to learn more about peaceful coexistence, community projects, healthy living, projects and fair distribution of donated food as well as grain being sold by GMB.

Facilitator 1: Mr James Mundenda
Mr Mundenda started by asking participants whether they knew the NCA. About half of the participants said they had heard about the NCA in the past. He said the NCA realizes that traditional leaders have a lot of work to do in their communities. He said they manage resources such as land and forests, conserve these resources for future generations and maintain peace and order in their communities. He explained that it is important to have rules and regulations to make the work of traditional leaders easier. He asked whether the laws of Zimbabwe are fair to the grassroots people.

Mr Mundenda asked participants whose duty is it to write a national constitution. An assortment of responses was given. Some said Members of Parliament, others said Cabinet Ministers whilst some said civilians must right the constitution. Mr Mundenda then gave a brief analysis of the colonial constitution for Zimbabwe. He said that constitution was not good since it justified racial discrimination and inequality. He gave examples of racial segregation made lawful by the constitution that allowed blacks to be denied homes in certain areas and educational opportunities in certain institutions in the country.

Mr. mundenda then moved to the weaknesses inherent in the current constitution of Zimbabwe. He started by pointing out that the constitution of Zimbabwe was not penned in Zimbabwe. He said it is a compromise document that was designed to end the liberation war and ensure a smooth transition to majority rule. He emphasized that our constitution is called "The Lancaster House Constitution", meaning it is a foreign document that does not address the needs and aspirations of Zimbabweans. He said the biggest weakness of the current constitution is the fact that it did not involve the participation of the masses. He said mass participation in constitution writing ensures that people’s human, economic and political rights are protected by the constitution.

Participants expressed ignorance about the essence of a constitution. Mr. Mundenda clarified the value of a constitution by illustrating the people’s right to vote. He said we are entitled to vote but the constitution is quiet about the limits to the President’s terms of office. He said the constitution must be written by consensus, people must decide what they want, how they want to be governed and who they want to lead them. Mr. Mundenda said the people who choose a leader have more power than the leader. Leaders must represent the wishes of the people.

Mr Mundenda said our constitution gives us some rights but we are not enjoying those rights. He said for instance the constitution gives us the right to demonstrate and yet we get arrested if we demonstrate. H also said the constitution gives to much power to the president ie he commands the army, police, universities etc. He also said the current constitution was male-driven since there were very few, if any, women at the Lancaster House conference. He said the new constitution must carry the views of women.

Mr Mundenda also said the constitution of Zimbabwe does not address fundamental issues concerning the choosing of leaders. For instance the constitution does not make it a law that there must be an independent electoral commission to run elections. Consequently, those in power can manipulate it. He bemoaned the fact that ballot papers are made by those in power who also chose election dates, election officials and observers. He also said the constitution of Zimbabwe gives a provision of a very weak parliament that is subdued by an all-powerful executive president.

Mr Mundenda also said the current constitution does not give guidelines on how resources must be distributed. He said our laws allow a particular province to exploit the resources of another province. Consequently some regions in Zimbabwe remain poor despite the exploitation of their natural resources by the government for the benefit of other regions. Mr Mundenda said it is the right of Zimbabweans to decide what percentage of the profits derived from the sale of natural resources must be taken by the state and how much must be left for the benefit of the local people.

Mr Mundenda then invited questions from participants. Below are some of the questions asked:

1. You said you tried to write a constitution that was rejected by the government, so what is the way forward?
2. Did you agree with the government that we are now writing a constitution for Zimbabwe?
3. For how many years do you want the President to stay in office?
4. What type of people did you consult as you wrote the draft constitution? Where the views of the youths considered?
5. Do we have a law that ensures a smooth removal of the President from office?

Mr Mundenda answered that constitution making is a long and arduous process that requires patience and collectiveness. He said the fact that the government rejected the NCA draft constitution does not signal the end of the process but the beginning. For that reason, he added, the NCA has embarked on an expanded outreach program to involve every Zimbabwean in the constitution making process. He further said the NCA is assisting the government to write a constitution and therefore is not in conflict with the government. On the president’s term of office he said it is up to the people of Zimbabwe to decide the president’s term of office. Mr Mundenda said they had tried by all means to adopt a cross-sectional approach in writing the draft constitution. He said all age groups had been approached. He also said the constitution does not give a limit to the president’s term of office.

Mr Maguwu explained that the power of traditional leaders is enshrined in the Traditional Leaders Act. He said traditional leaders are very important for the normal functioning of society because they are the only leaders whose permanent residence is in the midst of the people they lead. As such, they face the challenge of leading people daily. They deserve support from the government and civic organizations for their work to be bearable. He said such workshops are designed to strengthen the capacity of traditional leaders in handling complex issues. Mr Maguwu emphasized that a traditional leader is there because of the people. "You cannot lead if there is no one to lead", he said. This means people are very important to a leader and as such they must be treated with respect and dignity. Mr Maguwu said CADEGO wishes to see a Zimbabwe that is run in similar fashion with other civilized and progressive nations.

He then introduced the concept of democracy. He asked participants to define democracy. They agreed that democracy has much to do with freedom to choose leaders and remove them from office. Mr Maguwu further said democracy is leadership that respects individual rights. He said democracy is not so narrow as to just focus on elections alone. Rather he said democracy can be practiced even at village level where village leaders are not chosen through elections. He implored traditional leaders to respect the individual rights of their people. He talked of the Universal Declaration of Human Rights (UDR), saying this is not a European or American idea but a universal one. Any human being is entitled to the provisions of the UDR. He said traditional leaders have a crucial role to play in promoting democracy among the people they lead.

Mr Maguwu asked participants in what ways do traditional leaders violate the people’s rights.

One participant said traditional leaders are becoming political activists and as such can not help but to punish people who belong to rival political parties through denying them food and other things that are distributed through them. One participant complained against traditional leaders who benefit from every donor project that comes to the community at the expense of the intended beneficiaries. She said traditional leaders end up depriving orphans, people living with HIV and the elderly of donations sent specifically to them. Mr Maguwu said if scrutinized closely, such acts could be tantamount to denying some people the right to life. He said some people might end up dying of hunger because traditional leaders had taken their food.

Traditional leaders rebuffed the allegations of greed, arguing that when people are in need they run to the traditional leaders for help and yet they pay nothing. They complained that they provide food, shelter and blankets to those in need and yet no government ministry or donor has ever assisted them with food and blankets for people who throng their homesteads daily. They asked how their burden could be lifted. They also accused councilors of taking food aimed at the vulnerable people in society and yet the blame is heaped on them. Traditional leaders said they stay with the people and use their personal means to help the vulnerable and yet they get absolutely nothing from the government. Mr Maguwu said it is sad that the government does not acknowledge traditional leaders in its budget allocation, particularly village heads and some headmen, and yet these are the real leaders who stay with the people.

Traditional leaders said in the new constitution it must be made unequivocally clear that traditional leaders, particularly village heads, are civil servants who must be on government payroll. The salary will cater for travel and subsistence as well for the administration of village work.

Mr Maguwu then assigned participants to three groups and gave each group a question to discuss.

Group 1

Question
Do you think a traditional leader should get involved in active politics?

Answer
The group said a traditional leader is free to vote without declaring his or her political party. They said traditional leaders have voting rights like any other person but must remember that their duties require them to be impartial and apolitical. As such traditional leaders must avoid getting into political structures because that will compromise their leadership performance. The group further noted that traditional leaders who join active politics end up denying political opponents food and other donated goods that pass through their hands.

Group 2

Answer
Traditional leaders said they are used by politicians during elections who command them to campaign for them and threaten political opponents. They said this result in them failing to discharge their duties impartially. Traditional leaders also noted that because traditional leaders are now being appointed by the Ministry of Local Government, they are told to campaign for the ruling party in return for official recognition from the government and the subsequent remuneration. The group recommended that in the new constitution it must be categorically stated that traditional leaders must not be in political structures or engage in active politics in any manner.

Group 3

Question
Who causes peace or political violence in the community?

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