Chief Fortune Charumbira
Zvamaida Murwira Senior Reporter—
Senate has rejected recommendations from the Parliamentary Legal Committee (PLC), which had noted that inclusion of traditional leaders in the Land Commission was unconstitutional. Senators led by chiefs’ council president Fortune Charumbira, through an overwhelming affirmative vote, shot down the PLC Adverse Report, which had indicated that amendments to the Land Commission Bill to allow traditional leaders into the commission violated the Constitution.
The Land Commission is a product of the Constitution adopted in 2013 and its responsibilities include advising Government on management of agricultural land, carrying out periodic audits and settling land disputes.
The Chiefs Council had made proposed amendments to have at least two traditional leaders included in the Land Commission.
In presenting its report, PLC deputy chairperson Cde Ziyambi Ziyambi said the Constitution did not allow traditional leaders to have jurisdiction over agricultural land, but on communal land.
“The way the Constitution is couched does not give traditional leaders the due respect that they deserve, but this is the law,” he said.
“In our view, we felt that in so far as the Constitution and the Traditional Leaders Act as they are now, it would be unconstitutional to have this amendment inserted in the Land Commission Bill,” said Cde Ziyambi.
“There are other mechanisms to comply with the Constitution, which would ensure that the Chiefs are included in the Land Commission, but that was not our brief. We were not given a task to look into that. Our duty is not even to recommend what the legislation should look like. Our duty is to say this is correct and this is not correct.”
Cde Ziyambi said there was no harmony on some pieces of legislation that related to the role of traditional leaders such as the Traditional Leaders Act and the Rural District Councils Act.
Chief Charumbira told Senators that the PLC’s view was a mere opinion that could be rejected.
“This Bill went through several people outside Parliament,” he said. “We believe that the PLC is not correct. It just gives an opinion, it is not a court. We are allowed to disagree with it. Let us reject the Adverse Report.”
Chief Charumbira’s contribution was subsequently backed by several Senators from the political divide who said the purpose of the liberation struggle was to regain land.
Other Senators were cautious, saying it was critical to take heed of views from the PLC.
Manicaland Senator Mike Nyambuya (Zanu-PF) asked what would happen if someone successfully challenged the constitutionality of such inclusion given the advice by the PLC.
“Why do we not be patient and amend whatever it is so that it is in tandem with the Constitution, so that tomorrow no one will say we passed a Bill which had an Adverse Report,” he said. “Lest I be misunderstood, I fully support the chiefs, but what I am saying is that let us think with our brains, not with our hearts.”
Another Senator Shadreck Chipanga (Zanu-PF) said there was need to give due weight to the recommendations by PLC and find ways to accommodate their views.
Debate by Senators was punctuated by emotions as at one time Cde Ziyambi would rise to protest against Chief Charumbira’s remarks.
In one of the instances, Cde Charumbira had implored fellow Senators not to be persuaded by the PLC report, saying as traditional leaders they had consulted several legal minds who agreed with them that there was nothing untoward by their proposal for inclusion.
This did not go down well with Cde Ziyambi who protested that Chief Charumbira should not bring views from unnamed people as that would be demeaning their work as the PLC.
The Bill now awaits transmission to the National Assembly.