By Desire Tshuma
Harare — Former Mount Pleasant legislator Fadzayi Mahere has challenged Permanent Secretary for Local Government and Public Works Engineer Tafadzwa Muguti’s attempt to discipline traditional leaders, saying the move is unconstitutional and unlawful.
Mahere made the remarks in a statement shared on social media on Tuesday, following Muguti’s keynote address at an interface meeting with Chairpersons of Provincial Assemblies of Chiefs on 13 October 2026, in which he said the Ministry would issue a circular to conscientise traditional leaders on good and ethical conduct and warned against unbecoming conduct.
Mahere argues that the Permanent Secretary has no legal authority to superintend over chiefs.
“1. In terms of section 282(3) of the Constitution, traditional leaders are not subject to the control of any person or authority, including that of Mr Muguti. The permanent secretary has no power under the Constitution or the under the Traditional Leaders Act [Cap 29:17] to discipline chiefs. The attempt by the permanent secretary to ‘discipline’, bully or superintend over the work of chiefs is unconstitutional and unlawful. In any event, the offense he latches onto does not exist at law,” Mahere said.
She also challenged Muguti’s remarks on the conduct of local courts.
“2. Furthermore, the procedure in local courts is governed by section 20 of the Customary Law and Local Courts Act [Cap 7:05]. This section gives a chief wide discretion to conduct proceedings in the manner they deem best suited to do substantial justice between the parties. Section 20(3) of the same law expressly provides that _all cases are heard in open court_,” she said.
“3. In any event, the permanent secretary has no power whatsoever under the law to control the procedure in local courts. He has no power to legislate over said procedure. He cannot facilitate a change in said law because he is not a Member of Parliament,” Mahere added.
Muguti had told chiefs at the Harare meeting that there have been increasing concerns raised by the public and the government over the conduct of traditional leaders, and that the Constitution of Zimbabwe and the Traditional Leaders Act clearly outline what constitutes unbecoming conduct.
He said the leadership of the National Council of Chiefs would be requested to assist in shaping conduct through training and development programmes to avoid disciplinary proceedings being instituted against them when they commit offences.
Muguti also told traditional leaders to follow established administrative channels when submitting matters, starting with the District Development Coordinator, then the Provincial Director and then the Department of Traditional Leadership Support Services, and discouraged them from bypassing those procedures by approaching higher offices directly.
Mahere’s statement has reignited debate over the constitutional independence of traditional leaders and the limits of executive authority over the institution, coming a day after Muguti also announced the recall of Chiefs Charumbira, Nhema and Chitanga from the Senate following a vote of no confidence by the Masvingo Provincial Assembly of Chiefs.
The Ministry of Local Government and Public Works had not yet responded to Mahere’s statement at the time of publishing.
