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High Court orders Chief Seke to retract Zanu PF slogans

HARARE

The
High
Court
has
ruled
that
Chief
Seke,
Stanley
Chimanikire,
violated
the
Constitution
by
chanting
Zanu
PF
slogans
while
addressing
a
gathering,
and
ordered
him
to
publish
a
retraction
within
seven
days.

Justice
Samuel
Deme
delivered
the
judgement
in
a
case
brought
by
citizen
Esther
Vongai
Zimudzi,
who
argued
that
the
chief’s
remarks
breached
her
political
rights
under
Section
67
of
the
constitution.

She
said
Chimanikire’s
actions
also
contravened
Section
281(2),
which
bars
traditional
leaders
from
engaging
in
partisan
politics.

The
court
heard
that
the
chief
was
recorded
telling
attendees:
“2030
VaMnangagwa
vanenge
vachitonga;
Pamberi
ne
Zanu
PF;
Pasi
nemhandu”
(“Mnangagwa
will
still
be
ruling
in
2030,
forward
with
Zanu
PF,
down
with
the
enemies”).

Chimanikire
admitted
making
the
remarks
but
insisted
they
were
delivered
at
a
private
gathering,
not
a
political
rally,
and
were
meant
as
patriotic
praise
for
President
Emmerson
Mnangagwa
rather
than
partisan
endorsement.

Justice
Deme
rejected
that
defence,
saying
Section
281(2)(c)
makes
it
unconstitutional
for
traditional
leaders
to
further
the
interests
of
any
political
party,
regardless
of
the
setting
or
whether
it
is
election
season.

“The
fact
that
the
remarks
were
made
at
a
private
gathering
does
not
absolve
Chief
Seke
from
the
constitutional
obligation
imposed
upon
him
as
a
traditional
leader,”
Justice
Deme
said.

The
court
ordered
Chimanikire
to
publish
a
written
retraction
in
a
newspaper
with
national
circulation
and
share
it
with
public
and
private
media
within
seven
days.
He
mudt
also
have
the
ruling
circulated
through
the
National
Council
of
Chiefs
and
provincial
assemblies.

A
request
to
compel
the
minister
of
local
government
to
institute
disciplinary
proceedings
was
dismissed
because
the
minister
is
not
the
appointing
authority
for
chiefs.
The
judge
also
declined
to
grant
punitive
legal
costs,
saying
parties
have
a
right
to
defend
themselves.

The
latest
row
over
a
chief
chanting
political
slogans
in
support
of
Zanu
PF
will
raise
new
questions
over
the
neutrality
of
traditional
leaders,
an
issue
that
has
been
raised
repeatedly
by
opposition
parties
and
civil
society.