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Traditional leadership
Introduction
Chapter 11 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 Leadership and
Governance Framework Amendment Bill
The Traditional Leadership and Governance Framework
Act, 2003 (Act 41 of 2003) [PDF], was passed
in December 2003 and came into operation in
September 2004. The implementation of the Act in
national and provincial spheres has necessitated
that certain improvements be effected to the Act.
The Traditional Leadership and Governance
Framework Amendment Bill [PDF] provides for the
following amendments:
- recognition of kingships or queenships and the
withdrawal of such recognition
- disestablishment of paramountcies and the
withdrawal of recognition of paramount chiefs
- establishment of kingship or queenship coun
cils and the determination of their functions
- the determination of the membership of traditional councils and kingship or queenship councils by premiers and the Minister of Provincial
and Local Government respectively in line with
provincial peculiarities
- establishment of a traditional subcouncil where the area of jurisdiction of a traditional community
occupies two or more geographical areas
apart from each other
- extension of the original one year to five years, the period within which the traditional authorities
must be transformed in line with the Act
- alignment of the terms of office of all the structures.
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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 March 2008, Cabinet approved the proposal
to establish a national department for traditional
leadership under the Minister of Provincial and
Local Government to restore the dignity of traditional
leadership, which is the custodian of African
customs and heritage. The process will begin in the 2009/10 financial year. It is expected that the
department will be fully established and operational
by the 2010/11 financial year.
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The National House of
Traditional Leaders Bill
The Council of Traditional Leaders Act, 1997
(Act 10 of 1997) was amended through the Council of Traditional
Leaders Amendment Act, 1998 (Act 85 of 1998) [PDF],
and the National House of Traditional Leaders
Amendment Act, 2000 (Act 20 of 2000) [PDF].
To improve the functionality and broaden the
scope of the work of the national house, the
National House of Traditional Leaders Bill [PDF] provides
for the following key issues:
- the continued existence of the National House of
Traditional Leaders with added responsibilities
- the composition of the national house to the
representative of all provinces, including the provinces that have recently acquired traditional communities after the redetermination of
provincial boundaries
- streamlining the process of electing memebers of
the national house in the provinces
- determining powers and duties of the national house in line with the White Paper on Traditional
Leadership and Governance [PDF]
- enhancing the functioning and management of
the national house
- providing support to the house by government
in respect of administration, finances, capacity-building
and resources
- providing for the relationship between the
national house and the provincial houses
- providing for the relationship between the national house and kings and queens
- providing for the relationship between the national house and government.
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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.
In 2008, the Commission on Traditional Leadership
Disputes and Claims presented its findings on the status of South Africa's existing para-mountcies. The determination was made in terms
of customary law and the Traditional Leadership
and Governance Framework Act, 2003.
Source: South Africa Yearbook 2008/09
Editor: D Burger. Government Communication and Information System
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Last modified: 07 July 2009 08:40:43. |
