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land and to have their status and role recognised according to customary law.
In its proposed amendments to the Copac draft, Zanu-PF wants a legal instrument providing for the exercise of their jurisdiction and appointment.
Traditional leaders had raised concern over the Copac draft after it sought to take away their right to have jurisdiction over communal land.
Zanu-PF adopted amendments by traditional leaders who were not happy with the alteration of section 15.1 (1) of the Copac draft relating to their status. Zanu-PF restored the clause reading: “The institution, status and role of traditional leadership, according to customary law, are recognised.”
The clause had been altered by the Copac management committee to read “Traditional leadership under customary law is recognised.” Chiefs Council president Fortune Charumbira had complained that the Copac draft merely recognised the concept of traditional leadership but not its status and role. He said the original formulation had been agreed on by the Copac Select Committee as it was not contested or parked hence there was no need to revisit it.
The traditional leaders dismissed Clause 15.3 (2) on Traditional Leaders and Land saying it was from the management committee and never appeared in previous drafts.
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The clause says traditional leaders have no “authority, control or jurisdiction over land except communal lands or over persons outside communal lands unless the cause of action arose within the area of that traditional leader’s jurisdiction.”
In its amendments, Zanu-PF wants that clause to be deleted to read “Traditional leaders have authority, jurisdiction and control over communal land. An Act of Parliament may provide for the exercise of jurisdiction by traditional leaders over other agricultural land which is not communal land.”
On the appointment of traditional leaders, Zanu-PF wants the provision in the Copac draft deleted. The Copac draft had provided that their appointment, removal or suspension be done by the President on the recommendation by the chiefs council through the minister responsible. But Zanu-PF wants it amended to provide that an
Act of Parliament must provide for that in terms of the prevailing culture, customs, traditions and practice of the community concerned.
Yesterday, Chief Charumbira condemned the management committee for altering the clauses, which he said had earlier been agreed on.
“I was part of the Copac Select Committee that came up with these clauses but management committee altered them,” he said.
Online Reporter