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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.
Government remains committed to strengthening
the institution of traditional leadership and
appreciates the role it plays in society.
The Department of Traditional Affairs was established in April 2010 to underline the critical focus on traditional leadership. This signifies the importance that is placed on the role and place of traditional leaders in the lives of people, especially in rural areas.
The department is working on a range of policies which, among other things, include policy on unity and diversity, initiation, traditional healing, traditional leaders protocol, family trees, involvement of the Khoisan people in the system of governance in South Africa, and remuneration and benefits of traditional leaders based on uniform norms and standards.
Government regards traditional leaders as partners in the implementation of its programmes.
Numerous pieces of legislation have been passed and a variety of programmes implemented to ensure that traditional leadership makes an important contribution to the development of society.
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Legislation
National House of Traditional Leaders Act, 2009 (Act 22 of 2009)
The Council of Traditional Leaders Act, 1997
(Act 10 of 1997) [PDF], 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].
In February 2010, President Zuma signed the National House of Traditional Leaders Act, 2009 [PDF] into law. The legislation was published in the Government Gazette.
The Act paves the way for the establishment of the National House of Traditional Leaders. The house will serve a term of five years and meet at least once every quarter.
The legislation sets out how the institution
is to be structured. The law declares that at least one-third of the members must be women. Members are elected within each provincial house from the ranks of senior traditional leaders.
The Act also stipulates the criteria for membership and on what grounds a seat in the house becomes vacant.
The workings of the house will be overseen by a chairperson and deputy-chairperson. The act specifies on what grounds a chairperson must vacate the position.
The powers and duties of the house are also outlined. It must promote, among other things, nation-building, stable communities, the preservation of culture and traditions, and socio-economic development and service delivery. The house is also tasked with adapting customary law to comply with the provisions of the Constitution's Bill of Rights.
Parliament may also refer Bills to the house for consideration. The house also has the power to advise and make recommendations to government on issues within its area of jurisdiction, and to advise Cabinet ministers on traditional matters. The house will be consulted on development projects that impact directly on rural communities.
Cooperative relations and partnerships with national government are to be established in the interests of development and service delivery.
The Act instructs government to adopt certain measures to help the house carry out its designated functions. Such support may include provision of infrastructure, finances and human resources. Staff may be seconded from the Department of Traditional Affairs to meet this obligation.
In terms of accountability, the house is expected to submit a report to Parliament every year detailing its activities and programmes of action.
Traditional Leadership and Governance Framework Amendment Act, 2009 (Act 23 of 2009)
The Traditional Leadership and Governance Framework Amendment Act, 2009 [PDF] aims to, among other things:
• amend the Traditional Leadership and Governance Framework Act, 2003 (Act 41 of 2003) [PDF], so as to substitute definitions and to insert definitions
• recognise kingships or queenships and the withdrawal of such recognition by the President
• establish and recognise principal traditional communities
• further regulate the establishment and recognition of traditional councils and principal traditional councils
• establish and recognise principal traditional councils and kingship and queenship councils
• regulate the Traditional Leadership and Governance Framework Amendment Act, 2009
• regulate the election of members of local houses of traditional leaders
• regulate the roles of traditional leaders
• provide for the reconstitution and operation of the Commission on Traditional Leadership Disputes and Claims.
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Institutions
Traditional councils
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 up an opportunity for municipalities and traditional councils to achieve cooperative 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) [PDF]. Its objectives and
functions are to 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 cooperative 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.
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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 July 2010, President Zuma approved five of the seven kingships and their kings were confirmed by the commission, while the remaining two were still awaiting the commission's recommendation on the rightful incumbent for the position of king or queen.
In terms of the commission's findings, existing kings, who were found not to qualify
for the status of a kingship, will be allocated a principal traditional leadership.
On the basis of the Traditional Leadership and Governance Framework Amendment Act, 2009, the seven recognised and legitimate kingships in South Africa are those of Abathembu under King Buyelekhaya Zwelibanzi Dalindyebo, AmaXhosa under King Zwelonke Sigcau, AmaMpondo under King Zanozuko Sigcawu, AmaZulu under King Zwelithini Zulu, AmaNdebele wakwaManala and AmaNdebele as a whole, as well as VhaVenda. The rightful incumbents for the positions of king or queen for amaNdebele and VhaVenda will be determined by a new
commission, which will be set up through the Traditional Leadership and Governance Framework Act, 2009.
Source: South Africa Yearbook 2010/11
Editor: D Burger. Government Communication and Information System
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Last modified: 02 December 2011 08:48:11. |
