Legal pluralism, environmental governance and constitutionalism in Zimbabwe

This chapter explores the link between legal pluralism, constitutionalism and environmental governance in Zimbabwe, placing the discussion within the broader context of colonial and post-colonial legal theory. It examines the co-existence and interaction of different legal norms – formal, customary, and international – and how they impact environmental and natural resources governance. The chapter highlights that historically, colonial legal systems subordinated indigenous laws, institutions and eco-spiritual practices. The result was land and natural resources dispossession, environmental damage and the marginalisation of local and indigenous communities. It further explores post-colonial constitution making in Zimbabwe, noting that the strong constitutional provisions support legal pluralism and the role of traditional leaders, customary institutions and formal institutions in environmental and natural resources governance. The chapter also assesses the interactions and attendant conflicts between customary institutions and formal bodies such as the Environmental Management Agency. It further explores contemporary problems including corruption, weak enforcement, and the politicisation of the country’s traditional leadership and their negative implications on environmental and natural resources governance. The chapter uses legal and constitutional analysis and examines indigenous environmental practices to illustrate the extent and impact of legal pluralism in the country. Through this approach, the Constitution, Acts of Parliament, customary laws and norms, taboos and sacred practices all emerge as critical aspects in protecting the environment and biodiversity. It concludes that if properly applied, legal pluralism can be a powerful tool for environmental protection and promotion of sustainable and equitable natural resources governance.