dyton mupawaenda
Innocent Mujeri
Herald Correspondent
The recent decision by the Judicial Service Commission (JSC) to initiate a capacity-building programme for traditional leaders marks a pivotal moment in pursuit of equitable justice and sustainable development in Zimbabwe.
This initiative aims to equip traditional leaders with the necessary skills and knowledge to effectively preside over customary law courts, representing a forward-thinking approach to enhancing the administration of justice.
By addressing long-standing gaps in training and resources, this programme not only bolsters the judiciary’s efficiency, but also aligns seamlessly with the goals of the National Development Strategy 1 (NDS 1).
Traditional leaders have always played a central role in the Zimbabwean society, acting as custodians of cultural heritage and adjudicators of community disputes.
Their courts, rooted in customary law, serve as the first and most accessible point of justice for many citizens, especially in rural areas. However, despite their critical role, lack of formal training and resources has often impeded their ability to deliver justice that is fair and consistent with constitutional principles.
The JSC’s initiative to capacitate traditional leaders addresses this gap and acknowledges their integral role within the broader justice delivery system.
Training programmes for traditional leaders are not merely administrative exercises; they are essential tools for building a fair and equitable judiciary.
By educating these leaders on the rules of natural justice, the programme ensures that they approach their duties with impartiality, allowing all parties a chance to be heard.
This is a vital step towards fostering trust in customary courts, which have sometimes faced criticism for lacking transparency and consistency.
The training also emphasises the importance of upholding human rights, ensuring that decisions made in customary courts align with Zimbabwe’s constitutional values and international legal standards.
The recent expansion of traditional leaders’ responsibilities, particularly under the new Marriages Act, underscores the need for training.
By granting the authority to preside over legal unions, the Act places traditional leaders at the intersection of cultural practices and formal legal systems.
Without adequate training, there is a risk that their decisions could inadvertently contravene statutory requirements or fail to protect the rights of vulnerable groups. Equipping traditional leaders with the necessary legal knowledge and ethical guidelines, the JSC ensures they are well-prepared to navigate this expanded mandate.
The implications of this training initiative extend far beyond justice delivery.
A well-trained and adequately resourced cadre of traditional leaders can serve as a catalyst for social cohesion and national development.
Efficient and equitable justice delivery at the community level can prevent disputes from escalating into larger conflicts, fostering harmony and stability.
This is particularly crucial in rural areas, where customary courts often act as both arbiters of justice and mediators of social order.
Moreover, the training programme has the potential to promote gender equality and inclusivity within the justice system.
Historically, some customary practices have conflicted with principles of equality and non-discrimination.
By sensitising traditional leaders to these issues, the programme can help bridge the gap between cultural traditions and constitutional rights.
This is a crucial step towards ensuring that customary courts do not perpetuate systemic biases but instead become champions of justice for all, including women and marginalised groups.
The broader impact of this initiative aligns with Zimbabwe’s development goals under NDS1.
Effective justice delivery is a cornerstone of good governance, essential for sustainable development.
Through capacitating traditional leaders, the JSC is not only strengthening the judiciary but also contributing to a more inclusive and resilient society.
This alignment with national development objectives underscores the transformative potential of the programme.
The success of this initiative hinges on addressing several challenges.
Providing adequate resources is critical. Traditional leaders need more than just training; they require the infrastructure, tools, and support necessary to perform their duties effectively.
This includes proper facilities for holding court sessions, transportation to reach remote communities, and access to legal reference materials.
Without these resources, even the best training programmes may fail to achieve their intended outcomes.
Sustained engagement is another key factor.
Training should not be a one-time event but an ongoing process that evolves with the changing legal and social landscape.
Continuous professional development ensures that traditional leaders remain informed about new laws, judicial practices, and societal expectations.
This can be achieved through periodic workshops, refresher courses, and the establishment of a support network that enables traditional leaders to share experiences and best practices.
Community awareness is equally important.
For the training programme to have a meaningful impact, communities must understand their rights and the role of customary courts.
Public education campaigns can demystify the justice system, empowering citizens to seek redress for grievances and hold traditional leaders accountable.
Such awareness campaigns can foster greater collaboration between customary courts and other tiers of the judiciary, creating a more integrated and efficient justice delivery system.
This capacity-building programme for traditional leaders is a bold and necessary step towards addressing the challenges faced by customary law courts.
It recognises the pivotal role these leaders play in the justice delivery system while empowering them to fulfil their duties with integrity and professionalism.
By enhancing their knowledge, improving their conduct, and equipping them with the resources they need, the JSC lays the groundwork for a justice system that is fair, efficient, and aligned with the aspirations of the nation.
This initiative also serves as a reminder of the transformative power of education and training in driving social change. When traditional leaders are empowered to deliver justice that respects the rights and dignity of all individuals, the ripple effects will be felt throughout society.
Communities become more cohesive, conflicts are resolved more effectively, and trust in local institutions is strengthened. These are the building blocks of a just and prosperous Zimbabwe.
As the nation moves forward, it is crucial for all stakeholders to support and build upon this initiative.
The training of traditional leaders is not just about improving the judiciary; it is about creating a society where justice is accessible to all, where cultural heritage is preserved in harmony with constitutional values, and where development is driven by inclusive and equitable governance.
By investing in the capacity of traditional leaders, Zimbabwe is investing in its future; where justice and development go hand in hand.
