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Traditional leadership
Introduction
Chapter 12 of the Constitution states that the institution, status and roles of traditional leadership, according to customary law, are recognised, subject to the Constitution.
The Chief Directorate: Traditional Leadership and
Institutions in the Department of Provincial and
Local Government provides support to traditional
leaders and institutions, and is responsible for the
development of policy in this regard.
It renders an anthropological service, and
provides advice and support regarding governance
and development matters. It advises and supports
the National House of Traditional Leaders and
maintains a database of traditional leaders and
institutions.
It is also responsible for developing and
implementing a regulatory framework for the
protection of the rights of cultural, religious and
linguistic communities.
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Traditional councils
The stipulations of Chapter 12 of the Constitution
and the advent of democracy required the
transformation of the composition of traditional
councils. Therefore, legislation has transformed the
composition of traditional councils to provide for elements of democracy (40% of members must be elected) and gender representivity (one third of
members must be women).
Legislation has also opened a window of
opportunity for municipalities and traditional
councils to achieve co-operative governance.
Traditional councils have been given a strong voice
in development matters and may now enter into
partnerships and service-delivery agreements with
government in all spheres.
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Houses of traditional leaders
The Constitution mandates the establishment of
houses of traditional leaders by means of either
provincial or national legislation.
The National House of Traditional Leaders was
established in terms of the National House of
Traditional Leaders Act, 1997 (Act 10 of 1997). Its objectives and functions promote the role of
traditional leadership within a democratic
constitutional dispensation, enhance unity and
understanding among traditional communities and
advise national government.
Provincial houses of traditional leaders were
established in all six provinces that have traditional
leaders, namely the Eastern Cape, KwaZulu-Natal,
the Free State, Mpumalanga, Limpopo and North
West.
The Traditional Leadership and Governance
Framework Act, 2003 (Act 41 of 2003) [PDF], provides for
the establishment of local houses of traditional
leaders.
The national and provincial houses of traditional
leaders enhance the co-operative relationships
within national and provincial government, while
the establishment of local houses of traditional
leaders will deepen and cement the relationship
between municipalities and traditional leaders on
customary law and development initiatives.
In May 2007, the National House of Traditional
Leaders celebrated its 10th anniversary.
By July 2007, all provinces had adopted
regulations that guide the drafting of provincial
regulations for the transformation of traditional
authorities into traditional councils and the
establishment of local houses.
Eleven departments had agreed to participate in
the process of allocating roles and functions to
traditional leadership.
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Commission on Traditional Leadership Disputes and Claims
The commission was established in terms of
Section 22(1) of the Traditional Leadership and
Governance Framework Act, 2003.
The main objective of the commission is to
investigate and make findings on traditional-leadership
disputes and claims.
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Last modified: 11 April 2008 09:37:10. |
