Conflict Resolution And Transformation

Published Date: 23 Mar 2015 Last Modified: 08 May 2017

Conflict resolution and transformation are issues which have become very topical in debates and discussions on Zimbabwe. This is not only because Zimbabwe is characterised by many conflicts, but much more so due to the realization that in most cases the conflicts have negative impacts the a nation's socio-economic and political development. Thus conflict resolution and peace building processes have become very essential in solving the problem of conflicts in the country. This chapter intends to examine the grassroots conflict resolution and peace building processes in Zimbabwe with a focus on Tongogara district as case study. It will also seek to explore the context, in which traditional leaders operate, the processes that link them to the people as well as how other scholars view them in terms of their effectiveness.

Saunders (2000) defined literature review as a search and evaluation of the available literature in a given subject or area. Reviewing related literature helps the researcher gain insight on what other researchers have done and establishes existing gaps which the research seeks to ultimately fill. Punch (1998) considers the review of related literature as a researcher's roadmap in the quest to convert tentative research problems to a detailed and concise plan of action. Lincoln (2005) augments the same notion by suggesting that it is of importance to be guided by related literature as this will equip the researcher with requisite skills to evaluate various viewpoints basing on the work that other researchers have done.

The literature reviewed in this chapter seeks to analyse the role of traditional leaders in conflict transformation, the concept of conflict transformation, the common conflicts experienced at grassroots level and more importantly the approaches that are used by the traditional authorities in transforming conflicts. It further seeks to examine the theoretical and scholarly perspectives on the effectiveness of community processes that are employed in conflict management and peace building.

2.1 Background to conflict theory

The period from 1970 to the present, has witnessed a remarkable interest in studies in conflict management and transformation. This was motivated by a number of factors which include ideological changes in the international system, the independence of most African states and the rise of many civil wars in Africa and the rise of new actors in conflict resolution paradigm. Interestingly however, most of the literature produced focuses mainly on the documentation of conflicts, their nature, and types of resolution that can be achieved neglecting the area of conflict prevention, resolution, transformation and management; hence the need to research on the practical ways that can help in the achievement of sustainable peace especially at grassroot level. Gaps have also been noticed in terms of the level at which conflict analysis is taking place as many scholars tend to place conflict resolution and transformation at the high level of governance not considering that many causes of conflict are deeply rooted in the grassroots and require the grassroots level actors to act on them to achieve sustainable peace and development.

Sandy (2004) places emphasis on the conditions that are necessary for the transformation of conflicts. He argues that any attempt to articulate the nature of conflict and conflict resolution, must address those conditions, which are favourable for its emergence. He mentioned participation, engagement, freedom, justice and human rights as pre requisites for the achievement of conflict transformation. Sandy (2004) also mentioned the need for Community building and democratization as important strategies in conflict resolution and transformation .However Sandy does not unpack on how the democratization and community building can be used to achieve conflict transformation at the lowest level of governance where there are traditional leaders and councillors as key actors in governance. This therefore leaves out players like the grass root leaders and other influential people in the communities who are also important in peace building. The Online Journal of Peace and Conflict Resolution (2010) focuses on definitions of peace and conflict, bringing the different kinds of peace that are there and the pre-requisites for conflict transformation and peace , the mechanisms of achieving this peace is however often overlooked. This therefore leaves a gap in terms of literature that explores practical ways of resolving conflicts and peace building,

Rumel (2004) looks at alternative concepts of conflict resolution and the principles underlying those concepts. He mentions peace, as being a state of mind, that is, if the mind is at rest, then it follows that there will be peace and vice versa. Rumel (2004) views the human mind, as major contributor to conflict as he points out that, for as long as one has unsatisfied desires he/she won't be at harmony with the others. He brings out an important aspect in conflict transformation when he states that a human being needs to be satisfied with oneself and the outcome of any resolution exercise that maybe employed.

Harris and Reilly (2005), emphasize the need to build a strong grassroots background as critical in addressing deeply rooted conflicts. They emphasise on the importance of addressing the root causes of conflicts through the involvement of parties involved in the conflicts. Their focus is however more inclined to ethnic conflicts and tribal conflicts, as they believe these conflicts are more a result of identity than anything else. This work is important, as it looks some of the practical ways in conflict resolution that are needed to achieve peace more so at grassroots level as most ethnic and tribal conflict are noticed at lower levels of administration like the districts and the villages.

Most of the literature on conflict turns a blind eye on the role of grassroots actors in conflict transformation as usually their focus is large scale level, this often does not bring sustainability and progressive development, moreover this also leads to the extinction or decline in relevance of the grassroots approaches that are being used in the rural communities in developing countries.

2.2 The concept of Conflict transformation

Conflict transformation is the term that has come into common usage over the years from the early 1980s, as a concept and a process that encompasses various aspects of conflict prevention, peace building, supporting local capacities for peace and transformational development. Conflict transformation arose as an alternative to the dominant paradigms of conflict resolution. As advocated by Lederach (1995), conflict transformation was conceptualized to provide a comprehensive framework for addressing conflict throughout its phases, that is from the initial stages of indirect conflict, to full-scale direct conflict to lastly, its resolution. Conflict transformation seeks to address questions often neglected on conflict resolution; structural violence, culture and cultural identity and the role individuals can play in diminishing conflict intensity and duration (Miall et al 1999). However, conflict transformation has also been articulated as an extension of current practices incorporated in peace-building (Miall et al 1999). This distinction does not however, affect the primary goals and objectives of a transformational approach.

A number of conflicts theorists like Lederach (1998) advocate for the pursuit of conflict transformation as opposed to conflict resolution and conflict management, this according to Lederach (2000) is because conflict transformation reflects a better understanding of the nature of conflict itself. Conflict resolution implies that conflict is bad hence something bad should be ended thus conflict can be "resolved "permanently though mediation and other intervention processes, conflict management on the other hand correctly assumes that conflicts are long term processes that people can be directed or controlled as though they were physical objects (Lederach 2000). Furthermore Conflict transformation as put by Lederach does not suggest that we simply eliminate or control conflicts but rather work with its dialectic nature, this takes into cognisance the fact that conflict is social and naturally created by humans who are involved in relationships, it changes (transforms) these events, people, relationships that created the initial conflict. The cause and effect relationships thus goes both ways from the people and relationships to the conflict and then back to the people and the relationships (Vayrnen 1991), thus in this sense conflict transformation describes a natural occurrence.

Conflict Transformation also involves transforming the way conflicts are expressed, it may be expressed competitively, aggressively or violently or it may be expressed through nonviolent advocacy, coalition or attempted cooperation (Lederach 1998) .The Centre for Conflict Dynamics(CCD 2009) views conflict transformation as a process by which conflicts such as ethnic conflicts are transformed into peaceful outcomes , it is therefore a process of engaging with and transforming the relationship, interests, discourses and if necessary the very constitution of society that support the continuation of violent conflict. In support of this view by CCD (2009), The Search for Common Ground (SFCG 2010) sees conflict transformation as initiatives that are often characterised by long time horizons and interventions at multiple levels, aimed at changing perceptions and improving relationships and addressing the roots of the conflict including inequality and social justice.

Conflict transformation theory recognises the need to transform the conflict at a number of levels. Vayrnen (1991) identifies five transformations that need to occur in order to have a positive shift in the conflict. These are context transformation, structural transformation, actor transformation, issue transformation and individual / group transformation. This approach to conflict transformation acknowledges the multi-dimensional nature of conflict.

2.2.1 Principles of conflict transformation

Burton 1996 identifies several principles to which he argues form the backbone of a conflict transformation process.

Conflict should not be regarded as an isolated event that can be resolved or managed but as an integral part of society's on-going evolution and development.

Conflicts should not be understood sorely as inherently negative and destructive occurrence but rather as a potentially positive and productive force of change if harnessed constructively.

Conflict transformation goes beyond merely seeking to contain and manage conflict, instead seeking to transform root causes of a particular conflict.

Conflict transformation is a long term gradual and complex process requiring sustained engagement and interaction.

Conflict transformation is not just an approach and set of techniques but a way of thinking about and understanding conflict itself.

Conflict transformation is particularly intended for intractable conflicts, with deep rooted issues.

2.3 Background to Traditional Leadership in Zimbabwe

Ranger (1996) poses that the institution of traditional leadership has been around in Africa from time immemorial, traditional leaders are according to ranger the politicians of the pre-colonial age. At independence in 1980, Chieftainship was retained as a symbol of traditional values but the chiefs themselves were stripped of all their administrative and judicial functions. The chiefs and headman even lost their tax collecting functions as well as some administrative customary functions. District Councils assumed the administrative functions previously performed by traditional rulers whilst community courts took over the judicial functions.

Ncube (2011) posts that the failure by the new government to incorporate and co-opt traditional institutions into formal state institutions in the first decades of independence lies at the heart of the confusion surrounding local administration in the communal areas after independence, this confusion was characterised by lack of clarity on the roles and functions between the Traditional institutions of Chiefs, Headman and Village Heads and the elected leadership of Village Development Committees (VIDCOs) and Ward Development Committees WADCOs in land matters. This precipitated a crisis of communal leadership in the communal areas of Zimbabwe whereby the legitimacy of the traditional institutions began to be questioned .Ncube (2011) further states that the powers of the traditional leaders were becoming defunct in many areas of the country, some chiefs, headman and village heads required some of their defunct authority over land proceeded to clandestinely allocate land, this land allocation has become the common source of conflicts in Zimbabwe's rural areas, thus the crisis of communal leadership sufficed itself in many land conflicts which occurred throughout the country

The Zimbabwe governance system like in most African countries is characterised by co-existence of hereditary chieftainship and a democratically elected leadership. Traditional leadership is active at all levels of governance in Zimbabwe from the national level to the village level. At the highest level of the institution is the Chief, at the middle of the hierarchy is the office of the Headman and at the lowest tier which is village level is the Village Head , These institutions are established by the Traditional Leaders Act which recognises the role of each office in community development and peace building. The institution of traditional leadership is also recognised by the constitution, unlike local government that is created by statutes of Parliament. There are however conflicting claims to legitimacy and uneasy co-existence between traditional and elected leadership. Traditional leadership and local government officials occasionally trade accusations of abuse of power, non-compliance with laws; customs and traditions, especially regarding allocation and management of resources such as land which forms the prevalent source of most conflicts in communal areas

The Headman has functions similar to those of the Chief on a delegated basis but he is also the chair of Ward Assembly meetings. Since the Village Head chairs both the VIDCO and Village Assembly, the VIDCOs survive on the hard work of the Village Head and in a number of cases the VIDCOs no longer operating with all VIDCO functions being performed by the Village Head whilst in some cases VIDCOs are only seen to be operating when land disputes and resource conflicts emanate (Moyo, 2006)

2.3.2 The rural Governance nucleus

The above diagram gives an explanation on the relationship in rural governance. The people form the core of governance and everything that is done at local level. The Africa Community Publishing and Development Trust (ACPDT 2010) explains that the authority in the rural areas rise with rank from the ordinary citizen or resident of a local area until it reaches the level of the rural district council. Which form the overall leadership in terms of development policies in Zimbabwean rural areas? the powers of the village heads are less than that of the headman as given in the traditional leaders Act cap 29.17(111) section 11, whilst those of the Headman are more than those of the Village heads but less than those of the chief in terms of the same Act (section 6 and 8; Traditional Leaders Act).

Matibenga (2010) Asserts that in conflict resolution, if a village head fails to solve a community conflict issue, they refer it to the headman and if a headman fails again that same issue is referred to the Chief, the Chief is the highest traditional authority in rural areas. Ncube (2011) however argues on the same line but stating differently that these hierarchies in the rural areas are the primary causes of conflicts in rural Zimbabwe, this is because there are conflicts between these traditional leaders themselves in terms of responsibilities as one can easily see that the Chief has no limits over his jurisdiction in the discharge of traditional authority, The chief has the power according to the Traditional Leaders Act and the Customary Law and Local Courts Act to deal with issues even those that can be adjudicated by the lower authority of traditional leadership as such this causes dissatisfaction amongst the headman and village heads, as a result if the lower authority try to adjudicated the same type of conflicts in future, their authority is easily undermined and as such this reduces their relevance in dealing with traditional matters. This duplication of duties has been going on well for quite some time and has thus undermined the co-existence of these traditional leaders and as such reduced the impact of the grassroots approaches to conflict transformation by the traditional authorities.

2.4 Aims of grassroots conflict resolution

2.4.1 Empowering the community

Kubasu (2008) observes that grassroots approaches to conflict resolution by traditional leaders seek to re-empower communities to make vital decisions and address the needs of their people as well as create an environment more conducive to lasting peace. This is because empowering the traditional leader is empowering the community as the community banks on its leadership for progress, opinion and development.

2.4.2 Restoration of Order and Relationships

From a traditional point of view, conflict is perceived as an unwelcome disturbance of the relationships within the community. Hence traditional conflict transformation aims at the restoration of order and harmony of the community. Cooperation between conflict parties in the future has to be guaranteed. Traditional conflict management is thus geared towards the future (Mare. 2004). Consequently, the issue is not punishment of perpetrators for deeds done in the past, but restitution as a basis for reconciliation. Reconciliation is necessary for the restoration of social harmony of the community in general and of social relationships between conflict parties in particular. The aim as put by Kubasu (2008) is "not to punish, an action which would be viewed as harming the group a second time. The ultimate aim of conflict transformation thus is the restoration of relationships

Another immediate objective of such conflict resolution is to mend the broken or damaged relationship, and rectify wrongs, and restore justice (Moyo 2009). This is to ensure the full integration of parties into their societies again (Bob-Manuel: 2006), and to adopt the mood of co-operation for progressive development.

2.4.3 Transforming societies

Other long term aims are based on building harmony in the community. It has been realised that tolerance is not maintained automatically, and should purposefully be aimed at and worked for. The Kpelle people of Liberia of West Africa are known for their ad hoc local meetings called "moots" or "community palavers", where the conflicting parties arrive at mediated settlements through the use of experienced traditional leader (Bob-Manuel 2006). Bob-Manuel (2006) further tells that among the Ndendeuli of Tanzania, grasroot actors play active roles in conflict solving by suggesting an agreement and get as far as pressurising the parties into accepting it. Pressurising can be done through talking or singing: shaming and ridiculing. This special method can be used in contexts where it is acceptable and in instances where the cause of the dispute is self- evident.

2.5 The importance of Grassroots actors

Grassroots actors are well positioned to address matters of community building, and identity formation. This is so due to a number of reasons as noted by Wilson (2001). Firstly, grassroots actors are positioned within the communities that they are working. These places them in close proximity to each individual which builds trust, respect and confidence between those directly involved in the conflict. Wilson (2001) points out that the Volunteer conflict transformation project in the rural provinces of Rwanda was widely accepted because grassroots actors were integrated into the local planning processes which catered for developmental needs of the community.

Traditional approaches focus on the psycho-social and spiritual dimension of violent conflicts and their transformation. This dimension tends to be underestimated by actors who are brought up and think in the context of western enlightenment (Dore 1995). Conflict transformation and peace-building is not only about negotiations, political solutions and material reconstruction, but also about reconciliation and mental and spiritual healing. Traditional approaches have a lot to offer in this regard. They do not only deal with material issues, reason and talk, but also with the spiritual world, feelings and non-verbal communication. Thus Dore (1995) further highlights that reconciliation as the basis for the restoration of communal harmony and relationships is at the heart of customary conflict resolution.

"When dealing with conflicts based in a Third World or non-Western society, action or interference from external factors, such as International Non-Government Organisations, is often regarded as culturally insensitive or an act of Western imperialism" (Solomon and Mangqibisa 2000). This perception of outside interference affects the prospects of conflict transformation as external actors intervening in the conflict often have established methods of interaction that often disregard traditions of conflict resolution that are evident in conflict-ridden societies (Solomon and Mngqibisa 2000). Grassroots actors are however, often familiar with particularistic traditions of community-building. As these are more likely to be positively received by the people, traditional methods are more conducive to peace promotion and enduring stability and cooperation within the society.

Traditional approaches are holistic, comprising also social, economic, cultural and religious-spiritual dimensions. This is in accordance with the entirety of traditional lifestyles and world views in which the different spheres of societal life are hardly separated. (Kubasu 2008)The conflict parties can directly engage in negotiations on conflict termination and in the search for a solution, or a third party can be invited to mediate; in any case the process is public, and the participation in the process and the approval of results is voluntary. It is carried out by social groups in the interest of social groups (extended families, clans, village communities, tribes, brotherhoods, etc.); individuals are perceived as members of a group, they are accountable to that group, and the group is accountable for (the deeds of) each of its members.

Kubasu (2008) advances that grassroot action provides an invaluable contribution to the process and substance of conflict transformation. Through their position in the socio-political hierarchy, Traditional leaders are well placed to address issues of identity and may often initiate change in an environment generally un-conducive to larger scale attempts at conflict resolution. Whilst the activities engaged by grassroots actors is largely context specific, conflict transformation theorists and practitioners can look to the success of different grassroots initiatives to build upon the current literature.

2.5.1 Comparison between grassroots conflict transformation and Morden conflict resolution

Table 1(Adopted from Kubasu 2008)

Traditional conflict resolution values

Morden

Judgement handed down by the traditional leader whose throne is hereditary and his assessors selected on their merits

Judgement handed down by judges whose

office is conferred on them through formal

qualifications

Peaceful resolution and recourse to justice

Frequent recourse to revenge and violence,

without waiting for justice

Concern to reconcile the parties in

conflict

Judgements are categorical. There is no

concern to bring together the parties to the

conflict, nor for any later outcome

The traditional leaders act out of a spirit

of honesty, impartiality and fairness

They offer their services voluntarily

Bureaucratic and (at times) corrupt mentality

Paid work

Justice by the people involving everyone

(everyone can come to listen and give

an opinion)at the dares or village circles

Justice is the province of a particular group

of people (those with formal qualifications)

Lengthy judicial process

Disputes settled quickly or over a period of time(transformative)

Moral and social sanctions

Physical punishment and material fines

Torture and imprisonment(does not create social harmony)

Divesting individuals of their functions

Being discredited in others' eyes

Being marginalized

Paying fines

Once the penalty has been paid, no further

reference made to offences committed

2.5.2 Conflict Mapping and Analysis

Processes of conflict resolution in Africa are characterised by three dimensions which include the nature of conflicts, conflict resolution mechanisms and the outcome of such mechanisms. In understanding the nature of conflicts, first there is need to identify types of conflicts (Maruta and Mpofu: 2004). There have been different ways of identifying types of conflicts. One way is in terms of complexity. It has been observed that in Zimbabwe there are simple and complex types of conflicts (Alexander 1995). Most of the conflicts have been and continue to be complex. The second way is in terms of duration. In this context there are short lived and protracted conflicts. Protracted conflicts are the most common in rural Zimbabwe these include conflicts of resources especially land and well as ethnic or tribal issues .In the Midlands and Matabeleland were protracted conflicts and civil wars that came after independence .

The third way is in terms of violence. There are conflicts which are violent and those which are non-violent. Some people have characterised the non-violent conflicts as latent or structured conflicts (Fisher 2007). However, most conflicts which have been studied and which have drawn greater attention are violent conflicts which have involved bloodshed. Although most conflict resolution measures have been taken on violent conflicts, there have also been situations when conflict resolution measures have been made on latent conflicts. For example the latent conflict between traditional leaders and elected councillors in the Zibabgwe district of Kwekwe gave rise to a process of peace negotiations under the auspices of the Centre for Conflict Management and Transformation (Mpangala, 2000). The fourth way of identifying types of conflicts is in terms of the scale of the conflict. In this context conflicts in rural areas have been categorised as either resource or political conflicts, with a few tribal and household conflicts

2.5.3 The effect of political involvement

Sometimes the role of traditional leaders as champions of conflict transformation and good governance is compromised by their involvement in politics, this motivates the people to challenge their legitimacy and the validity of their judgements, and as such this affects their leadership capabilities. The Newsday(2012) reported that the institution of the traditional leadership has come under spotlight following the government's intention to bestow greater powers on the traditional leaders , the argument here is that the age old concept of traditional leaders remaining mere custodians of cultural values and interceding with the ancestors has been turned head on as a ruling government seeks to enhance their political expediency though influencing traditional leaders, Kubatana(2012) supports this by quoting President Mugabe's speech when he said chiefs should no longer remain repositories of oral history

"You should be guardians of our national sovereignty and guard against those who delight in associating with our detractors and those who work in cahoots with the powers that seek to mislead our people"(Kubatana :2012)

Mararike (2011) observes that although there is need to improve the role and operations of chiefs , greater caution should be taken to prevent abuse of any authority guaranteed , traditional leaders are unable to operate effectively because of the dualism of using the Roman Dutch Law as the basis of our legal system and the traditional system hence there could be serious problems unless the traditional system of government is clearly separated from the political party system whereby traditional leaders are separated in a non-partisan way

Few traditional leaders have legal remaining to despise Morden forms of justice their judgement and authority can be easily contested and overlooked, the Chief Negomo vs. the Prime minister Tsvangirai issue is one such example of a situation where traditional leaders are oblivion to address community issues but go on to fight the politicians, however they end up with their decisions overlooked and their legitimacy questioned, Mararike (2011) further argues that the current crop of traditional leaders have no capacity , he argues that young ,educated and professional men should be appointed as chiefs otherwise the current crop would need support staff to dispense justice without biases among rural communities.

2.6 The Traditional Conflict Transformation approaches

During the years of traditional leadership in Africa various conflicts caused by different issues attracted various approaches to their resolution. Most conflicts and their resolution methods at that time were predominantly local. Conflicts were between individuals, villages, communities or tribes who lived in the same or adjoining areas. Those who intervened were often local elders and /or tribal leaders. When kingdoms developed about the 17th and 18th century in southern Africa, stronger and wider authority came into power, but the traditional methods of instigating and resolving conflicts had gone through very small changes and are now gradually starting their process of decline.

2.6.1 Mediation

Mediation is defined as an attempt to settle a dispute through an active participation of a third party(Mediator) who works to find points of agreement and make those in conflict agree on a fair result. The Harvard journal of Conflict Studies (Nov 2008) defines mediation as an act of reconciliation that is trying to unite and reach an agreement between conflicting parties.

The chiefs and headman are respected as trustworthy mediators all over Africa, because of their accumulated experience and wisdom as they are usually of an elderly age. Their role as mediators would depend on traditions, circumstances and personalities, accordingly of their society. These roles include: pressurising or manipulating conflicting parties to reach an agreement, making recommendations, giving assessment, conveying suggestions on behalf of a party. Behaviour used is facilitation, through clarifying information, promoting clear communication, interpreting standpoints, summarising discussions, emphasising relevant norms or rules, envisaging the situation if agreement is not reached, or repeating of the agreement already attained. The mediators can also remain passive, as they are there to represent important shared values. There is no predetermined model, so they are entitled to change their roles from time to time as they perceive needs at various times. Jacobs etal (2009) however asserts that the challenge of grassroot mediation is the lack of capacity by the traditional leader in terms of neutrality and conflict analysis.

2.6.2 Sustained dialogue

This term is used to refer to a method of conflict resolution that is used in most traditional society, the term was coined by Harold Saunders (1998) who viewed the dialogue process as a systematic and open ended process meant for transforming conflictual relationships within communities over a period of time based on the assumption that misunderstandings are part of a society's wellbeing. The process of sustained dialogue brings together groups of concerned citizens and community leaders to explore underlying relationships behind the conflict and develop strategies to improve them but seeks to achieve this by engaging those affected by the conflict and those who are believed to be escalating the conflict, the main focus is on the restoration of the broken relationships that are damaged by mistrust, perceptions and hurtful experiences that result in conflicts and violence.

The sustained dialogue system used in Tongogara district is the village circle system of open dialogue (CCJPZ 2007) here traditional leaders hear of certain conflicts in their areas and gather with the people to try and find a way of dealing with those conflicts. The people will engage in dialogue on the issue as a community and find a way forward that will be sustainable and agreeable by the community. Accordingly CCMT (2009) reported on the success of sustained dialogue as a traditional form of conflict resolution in the Midlands Province after it was used by leaders in the Mfiri Ward in Tongogara District to solve a conflict between a certain school and parents who were refusing to pay school fees after the traditional leaders were trained on the dialogue process by the organisation (CCMT 2009). A traditional leader who will be acting as the facilitator suggests decisions based on ground rules that are set up by the community. They look forward to the future, for improved relations - not only between the conflicting parties but also in the whole community that is involved.

Sustained Dialogue focus is mainly on relationships that may be dysfunctional because of the way they evolved over time, relationships that appear calm at the surface but are under girded by destructive interactions for a variety of reasons. Sustained Dialogue therefore works with a dual agenda, that of addressing concrete community problems in this case the violent conflicts, that is, focusing on practical problems and issues of concern to all participants simultaneously and explicitly sustained dialogue also explicitly focuses on transforming the underlying relationships that create and block resolution of those problems.

2.6.3 Consensus seeking

Bob-Manuel speaks of consensus seeking as a traditional approach to conflict transformation when he describes the process as an act of engaging the community on how they feel of a particular issue and the traditional leader giving the platform for people to air their views and determine their solution, this according to Hart(2007) is meant to strengthen any decision that would be passed as a conflict settlement thus when the traditional leader passes a decision it is expected that the whole village, ward or community would consent to it. Consensus seeking is mainly seen in VIDCO meetings with the village Heads, Ward Meeting with the Headman or Chief where community and development issues are discussed. It also creates confidence that such a jointly developed decision will prove to be effective and long lasting. When an agreement is eventually reached, the good news is shared with the groups and communities concerned. (Mudangwe. 2007) The agreement is then affirmed as a social contract in a ritual way, which differs from society to society.

The advantages of the consensus seeking perspective in the conflict transformation according to Lederach (1998) are that it leads to a more profound and shared understanding of the conflict. It also encourages the acceptance of the aim of a satisfying relational life after the conflict is resolved. It makes the transformation process participatory in a full sense as it involves more than just the inclusion of the parties and the mediators. It further promotes a sense of belonging, which in turn, may contribute to the restoration, maintenance and re-building of relationships.

2.6.4 The traditional court system

Mberi (2009) points out that the traditional court system (dare), which is still in use in rural Zimbabwe shows a unique approach to jurisprudence and legality. Gelfand (1981) further supports this by saying that the main objective of the traditional court system is to ensure social order and harmony within the community , in addition the traditional court system in Zimbabwe is a process not an event because it takes care of individuals even after the court trial (mbiti:1970). The rural populace demonstrate some rich principles that are linked to the reasoning processes relating to crime, law and judgement and these are linked to logic and ethics

The traditional system believes in leadership through consensus, allowing everyone in their localised clans to have a voice while the traditional head of each clan rules by consent. Kubasu, (2008) postulates that a major function of the traditional leadership system is to act as arbitrators and reconcilers when disputes occur in order to restore peace and maintain harmonious relations between families and clans. The process involves acknowledging responsibility, repenting, asking for forgiveness, paying compensation being reconciled with the victim's family through the traditional leaders mediating with the family in grievance.

Gombe (1998), identifies three types of courts in Zimbabwe's traditional system

2.6.4.1 The Family Court

This according to him is a private court session between members of a single family, this court is usually presided over by a village head of family head for the purpose of dealing with issues without involving members of the public, Ramose (1990) further states that the African law of the Ubuntu Law is applied here, the purpose is to bring togetherness and harmony which are clear traits of the family atmosphere.

2.6.4.2 The Local Court

This presides over cases involving two or more different families and is usually presided by a headman, this court handles cases like land conflicts, development and resource conflicts, consumption of crops by livestock's. The aim of the local court according to Gombe (1998) is to instil social hegemony among the disputing parties and to encourage the complainant to understand that wrong doing is part and parcel of human nature to facilitate forgiveness of the accused and promotion of social harmony. The process of conflict resolution at the local court is mainly mediation as the elders usually try to find a long lasting solution that is mutually beneficial to both parties in the conflict; the elders used their long gathered traditional knowledge to help the conflict parties achieve a beneficial solution

26.4.3 The chiefs Court

This according to Mare(2004) is the highest traditional court which is presided by a chief, together with the help of advisors appointed in terms of section 26,and 31a of the traditional leaders Act, the advisors are chosen on the basis of intelligence, knowledge, experience and age, usually this court also presides over cads that the other lower courts would have failed to deal with and Is given power to deal with all community issues in terms of the customary law and local courts act, the traditional leaders act and the rural district councils act, according to the Zimbabwean constitution the chiefs court have legal basis to impose fines and certain penalties, it adjudicates land issues, tribal issues, resource issues among other conflicts that maybe found in the local community. The process of conflict resolution at the chiefs council is mainly arbitration with little mediation as a chiefs has powers to impose fines and the judgement if powerful unless contested at the magistrates courts

The tradition court system demonstrates reasoning, the first stage of the conflict resolution process is reporting of the conflict to the traditional leader, to initiate the process of justice on the part of the offended, the dates are given, the extent of the damage and the award the complainant expects, the principle of truth telling is strongly upheld.

2.7 Common conflicts and causes in Zimbabwe

2.7.1Classification of Conflicts

Based on the above understanding of the concept and approaches to conflict transformation, different theoretical conceptions are usually utilized to differentiate conflicts based on societal level at which a particular conflict occurs. Distinction is made based on what is assumed to be the issues or sources of conflict. In the literature difference is made between "subjective" and "objective" issues (Beach 1984). As the former is concerned, social conflicts are mainly about things that are tangible such as resources, power, prestige, territory or land, etc. On the other hand, arguments on "subjective" issue claim that conflicts occur due to the distorted relationships, perceptions and lack of recognition for identities. Kerman (1965) contends that conflict is a consequence of poor communication, misperception, miscalculation, socialization, and other unconscious processes.

Based on the above description the following types of conflict could be identified for the purpose of this research. However, it should be noted that such distinction has a mere conceptual purpose rather than a clear delineation in reality.

2.7.2 Social conflicts

In the literature it is used as all-encompassing phrase to mean conflicts that take place among social actors, individuals, groups such as families, clans, villages, political parties, governments, societies, etc. about objective and subjective issues (Fisher et al 2001). In the daily usage, the phrase often means conflicts among individuals and groups on specific social and cultural issues. The same understanding is employed in this research to encompass domestic conflicts within a family and "extended" family about marital and generational issues and within a community about cultural and religious values and interpretations. Ncube (2001) postulates conflicts between African traditional belief systems and practices and the Western influenced value systems and practices to which monolithic religious beliefs (such as Christianity and Moslem) belongs; the conflicts between the various monolithic religious groupings themselves; conflict between generations; conflicts between urban and rural life styles; conflicts between couples; and conflicts between families on non-fulfilment of customary obligations (such as Lobola and compensations for wrong-doings) these are conflicts that could be characterized as social conflicts in its narrow sense.

2.7.3 Political Conflicts

By political conflicts it is meant conflicts around political issues, specifically political power as enabling factor to influence access to resources, institutions, and privileges, (Maruta and Mpofu 2004). In the modern state, this is strongly associated with control of state institutions and authorities as well as with the inability of the state to meet the needs and expectations of the people. The ideological differences that are often highlighted in such political conflicts are merely basis of arguments brought forward by conflicting parties to justify their intentions and actions. In Zimbabwe as in most other countries, political conflicts are strongly associated with the control of state institutions. Political conflicts include also conflicts between the state institutions or people who control it and ordinary citizens around delivery of services and allocation of values. The conflicts around the issue of land, allocation of houses and relief aid and donor services, access to social services (health and food and education), access to justice among others. are but some that are often at the heart of political conflicts (Murithi etal 2009).

2.7.4 Livestock conflicts

Livestock are the main source of income. They can be sold in exchange for other commodities. A cow is like a modern account in the bank. A cow is payable as dowry in marriage negotiations or used in exchange for grain during hunger situations. Cattle are used as a source of milk, beef and cow dung mixed with mud is used for mud-slinging the walls of the huts for shelter in these rural communities. Cattle are a highly regarded asset and each community believes that all the cattle of the world belong to them by divine right (Maruta and Mpofu 2004). Thus stealing ones cattle is like destroying their future and the accusation often leads to a deep seated conflict that can take toll over generations, even the accusation alone can cause a serious conflict that might take the form of violence or hatred. Moreover since livestock tended to be herded for quite a long period during the agricultural season, this is mainly done by young children who may forget the duty whilst playing around causing the livestock to enter into other peoples fields and destroy their crops causing much conflicts that need the attention of the traditional leader and at other times the councillors of the District Administrator

2.7.5 Domestic and household conflicts

Domestic and household conflicts are those conflicts that can be restrained to the families and not the community or society as a whole, these include case of divorce, marriage disputes regarding to customary law, the issues of heredity. Mtetwa (1999) puts this group in the same with social conflicts but however argues that this makes the social conflicts group more broad and thus difficult to define, as such the standalone of the category becomes relevant, Domestic Conflicts according to Maruta and Mpofu (2004) form the background of most conflicts as he argues that most conflicts start within the family and then escalates to the society, in Zimbabwe these conflicts have become much more predominant to the extent that different legislation is being developed to reduce the conflicts, one such example is the Domestic Violence Act and the Witchcraft Act which seeks to reduce the rate of women and child abuse in the society and reduce conflicts through accusation of certain supernatural happenings (NAC 2010)

2.7.6 Land conflicts

According to Anderson (2007), conflicts over land form a major theme in Zimbabwe's rural areas and are regarded as the most serious, this is because of shortage of land, the land use patterns and the fight for control of land in the rural communities, pressure on land is considerable because of the population growth and the segregation policies that were once employed by the colonial regime which led to unequal land distribution. However according to Anderson land sovereignty in the communal lands does not always mean that conflicts over land are economically motivated, the argument is that the agricultural potential of the land is now limited in Zimbabwe's communal lands, land use and value can be better understood as socially induced. Land conflicts are usually dominated by village heads as the local state institutions responsible for land issues have a limited understanding of and exercise little control over land issues

2.8 Summary

This chapter explored the key concepts of conflict transformation as well as the various roles and contributions of traditional leaders to conflict management.. The concepts of conflict transformation are difficult to contextualise and apply though however they exist in rural societies of Zimbabwe, the role of traditional leaders in conflict transformation should be enhance in different ways that were explored by different authors and scholars discussed and referred to in this chapter. The different conflicts that are experienced in Zimbabwean rural societies with particular reference to Tongogara districts require different methods of interventions by different stakeholders. Given the disintegration of traditional societal structures in many parts of Zimbabwe, the potential of traditional approaches for conflict transformation and peace building is limited. Traditional approaches only are applicable in specific circumstances and in confined niches .Nevertheless; it would be a mistake to ignore that potential and not to make use of it wherever possible. Traditional approaches might give us wider insights for conflict transformation processes more generally. Thus Traditional conflict resolution surely is not a panacea for all community problems, but it is an approach that so far has been underestimated by actors who in the conflict transformation field.

3.0 Introduction

The Chapter will outline data gathering techniques and the justification of the methods in the research design that will be used to carry out the research on the grasroot approaches to conflict transformation by traditional leaders in Tongogara district. The researcher will look at the research design, target population, sample size to be used as well as, sampling methods that will be using in carrying out this study.

3.1 Research Methodology

Somekh and Lewin (2011) defines methodology in its narrowest sense as the collection of methods or rules by which a particular piece of research is undertaken and judged to be valid, however it can be used in a broader sense to mean the whole system of principles, theories and values that underpin a particular approach to research, Lewis, and Thornhill (2003) also defined methodology as the theology of how research should be taken. Punch (1998) defines methodology as the strategies, action planning or design that informs the choice of specific procedures and techniques for data collection and analysis.

Saunders (2000) defined research methodology as, "a theory of how a research should be undertaken". The research methodology applies to a systematic study of methods that are, can be, or have been applied within a specific discipline. In this study, this researcher will use a mixed methods approach involving both the quantitative and qualitative methods. The advantage of using the mixed methods approach is that both approaches complement each other. In this study, the quantitative approach will be used as a backdrop (background) for understanding the qualitative responses from the participants. Somekh and Lewin (2011) term this triangulation which they define as a method by which data from at least three different perspectives are collected on the same issue, event so that they can be cross validated

3.1.1 Qualitative Research

Qualitative research involves an interpretive and naturalistic approach to the world. Denzin and Lincoln (2005) chronicles that qualitative research is a study of things in their settings, attempting to make sense of, or interpret, and phenomena in terms of the meanings people give to them. Qualitative research is empirical research where the data are not numbers. The strength of using the qualitative approach to research is that it helps the researcher to gather a deep insight into the beliefs, motives, attitudes and behavior of the target group. Collecting qualitative data for research also reveals reasons why individuals exhibit certain behaviors within the natural settings of their works or living conditions (Punch, 2009). Qualitative research begins with assumptions then the collection of data for results (Creswell, 2007). For this study, it will be important to collect qualitative data because such data will help describe the process of conflict resolution used in Tongogara. Since the researcher intends to find results that may be used by all traditional leaders to improve on their community processes, a descriptive section will be suitable for achieving that purpose.

3.1.2 Quantitative research

Unlike the qualitative research, the quantitative research is empirical research where the data numbers are used to describe the observed situation (Punch, 2009). Quantitative research involves controlled use of closed research questions and situations, seeks objectivity and facilitates validation of statements by quantifying the responses (Rudestam and Newton 2007). In the same vein, Leedy (1989) states that quantitative research involves numbers and statistical manipulation and analysis.

3.2 Research Design

Hussey and Hussey (1997) noted that research design refers to the science or art of planning procedures for conducting studies to obtain the most valid findings. In order to achieve this, there must be an orderly, objective and systematic way of collecting data. Sekaran (2000:53) described research design as that which "involves the planning of the actual study, dealing with such aspects as the location of the study, how to select the sample and collect data and how to analyse the data .O' Leary (2004) defines research design as a method upon which an investigation is based and how the research study will be carried out.

Accordingly Kothari, (1985) augments that the quality of any research project will be enhanced by a good understanding of the research design. This will inform the thinking and lay the foundation for the design of the project. This research is going to use a case study method in order to deduce the real scenario in Tongogara district in the field of conflict transformation and identify the problems and suggest solutions for the purpose of combining and addressing identified challenges.

In addition in this design both qualitative and quantitative research are going to be employed with more bias on qualitative as it relies more heavily on language for the interpretations of its meaning, so data collection methods tend to involve close human involvement and a creative process of theory development rather than testing. Both secondary and primary data sources are going to be used to collect data. Primary techniques to be employed include questionnaires and interviews and secondary include human resources articles, internet articles and library sources

The researcher will rely more on questionnaires interviews with a carefully selected sample of participants. The rationale behind the use of the qualitative approach is to focus on how the conflicts are resolved and the approaches that are used. The method enables the researcher to gain new insight into particular issues and how they can be addressed. The approach will allow the researcher to test the validity of certain assumptions, claims, theories within the context in which the research is conducted.

3.2.1 Descriptive Research Design

Newton (2007:20) states that, "the descriptive research design is description that is meant to present a detailed and accurate picture of the nature of what is being researched on." In relation to the research question identified for this study, a descriptive research design will be a powerful tool to validate results because the researcher will be able to describe what is on the ground. Punch (2009:21) further clarifies the advantages of using descriptive research design when the he points out that, "to describe is to somehow draw a (word) picture of what happened or of how things are proceeding, or what a situation or person or event is like." Therefore, the major reason for choosing this design is that it will give detailed descriptions of the responses to the questions of this study, and it will enable the researcher to interpret what is there that is how participants experience and view the situation.

3.3 A Case Study

The case study approach was adopted as the research strategy so as to produce detailed information on grasroot approaches to conflict transformation by traditional leaders. A case study concentrates on what is unique. It represents a comprehensive description and explanation of many components of a given situation. Somekh and Lewin(2011), defines a case study as an approach to research which seeks to engage with and report on the complexity of social and educational activity in order to represent the meanings that individual social actors bring to those settings and manufacture them. Accordingly Cooper et al (1998), notes that case studies tend to produce detailed descriptions, develop possible explanations and also evaluate the impact of any given factor. The case study was seen to being central to the researcher's scientific investigation as it allows the research to be at the site where investigative interactions occur as well as observe actors in the context of processes at play and the events taking place. This will therefore enable the researcher to come up with a comprehensive detailed research.

3.4 Population

A population in this study refers to all the people that are found within the delimited area (Tongogara) and are involved in the area under study. According to Torrington (1994), Population in research denotes to the total collection of elements about which the researcher wishes to make some inquiries. In the same vein, Kothari, (1985) define population as all possible elements that could be included in a research that have one or more characteristics which are of interest to the researcher. However, with the time and resources available to this researcher, studying the whole population will be an impossible task. The researcher will use representative samples of participants in collecting data.

3.4.1 Target population

Bless and Smith (1995) defines a target population as a group of people a researcher wants to study. Generally, Tongogara has a total population of around 16 000 according to the 2002 Statistical Census; the area has 3 Chieftainships, 15 Headman and 126 Village Heads. It will not be possible for the researcher to target the total population therefore a certain population will be targeted. This target population will be chosen on the basis of representing the whole society.

3.5. Sampling

3.5.1 Sample

A sample according to Patton (2002) refers to the individuals who are included in data collection , selected from the whole population, According to White (2005), a sample may be viewed as a representative portion of the elements in a population; hence the selection of the sample may determine the quality of the results in the study. From a targeted population of 166 people, the researcher will choose a sample of 134 people. The samples will be drawn from their homogeneous groups and simple random sampling will be used. This serves to say that all Chiefs will be sampled, half of the headman. Stratified random sampling will be employed in the sampling of the village heads and the residents because of their heterogeneous and large populations and to give a fair chance of selection to village heads in the resettlement areas as well as those in the communal areas. Tongogara district has one District Administrator and his assistant who will be used as such. The researcher chose to use simple random sampling because it serves time and data collection is more manageable as fewer people are involved.

Dawson, (2002) assert that sampling is a systematic selection of a smaller subset of cases from a larger pool of cases for inclusion in a research project. Wenger (1999) views sampling as a process of selecting a representative subset from the population to determine the population parameters of the random variable under study. Thus by this one can say that a sample is meant to represent a large population. The researcher will extract from the sampling frame a sample that would represent all the interests of the study without trying to prejudice a single research aspect.

3.5.1 Sampling techniques

According to Fowler (2008), sampling is the processes of selecting units from a population of interest so that by studying the sample we may fairly generalize our results back to the population from which they were chosen. Kumar, (2005), define sampling as the processes of selecting units from a population of interest so that by studying the sample we may fairly generalize our results back to the population from which they were chosen. It is selected to be representative of that population.

3.5.1.1 Types of sampling techniques

The sampling techniques to be used will include stratified sampling and simple random sampling.

3.5.1.1.1 Simple random sampling

Connolly (2007), views random sampling as "any sort of sampling were each member of the population has a calculable and non zero chance of selection." It is a process of selecting and obtaining a sample in such a way that every member of the population has an equal chance of being selected. The researcher used this technique because it is scientific and removes bias in the selection of the sample. The researcher will used this type of sampling in choosing the residents to interview; it also provides precise mathematical statements of probabilities being correct.

3.5.1.1.2 Purposeful or judgmental sampling

A purposeful sampling approach to selection of participants suggest that purposefully selected participants are rich with information regarding the phenomenon being studied (Creswell 2007). Purposive sampling is based entirely on the judgement of the researcher's knowledge of the population; a judgement is made about which subjects should be selected to provide the best information to address the purpose of the research (White. 2005). From the total population of TRDC traditional leaders, the researcher selected all the chiefs and headman that are able to understand the concept of conflict transformation and those that are able to read and write. The District Administrator plays a supervisory role over TRDC therefore it makes him applicable.

3.5.1.1.3 Stratified random sampling

According to Kumar (2005), stratified sampling is most appropriate where the target population is heterogeneous. The target population will be divided into a number of strata and then the participants will be randomly selected from each stratum. It also entails dividing the target population into sub-populations in this case wards then finally drawing a random sample for each sub- population. This will be used mainly for sampling of wards will be randomly selected. from a total no of 23 wards only 10 will be selected, the sampling of village heads will be stratified as well to give a chance for selection of village head from both the resettlement areas as well as chance of selection for both Ndebele and shona village heads .Councilors will be picked from selected the wards on the basis that they interact with the traditional leaders and the communities on a daily routine.

3.5.2 Sampling procedures

3.5.2.1 Sampling of Traditional leaders.

To ensure that this research will be a success, the first step the researcher will take is to submit a letter from the Department to the Tongogara Rural District Administrator seeking for permission to carry out a research with in their district. Once permission has been granted, the researcher will use the purposeful sampling approach to select the participants from the target population. Thus the researcher will select all the Chiefs and half of the Headman and village heads which will result in three heterogeneous groups.

3.5.2.2 Sampling of the District Administrator

Purposeful sampling will be used for the sample of The District Administrator. Tongogara has only has one District Administrator who will be used in this study together with the Assistant District Administrator.

3.5.2.3 Sampling of Tongogara citizens

Tongogara Rural District has a total of 23 wards, 10 wards will be picked in the sample, and Ward councilors will be identified from the wards. These will help the researcher in randomly sampling the citizens so that each ward chosen in the sample has an equal representation of participants. Councilors keep records of the ward populations. From these records, the citizens will be r