Chiefly Succession and Democracy in South Africa: Why History Matters

The role of traditional authorities, particularly traditional leadership in the democratic South Africa (1994-2013) seems to be a complex and multifaceted process. When the African National Congress (ANC) came into power in May 1994, the party was faced with a mammoth task of incorporating traditional leaders in the local sphere of government. The study examines the socio-political role of traditional leaders in South Africa in postapartheid period. Furthermore, the study aims at examining the factors and challenges contributing to the leadership discourse between the traditional leaders and some structures of the ANC, for example, the councillors as elected leaders. The findings from this study pointed to challenges such as values and perceptions of leadership styles as espoused by the traditional leaders versus the democratic way of leadership from the ANC structures. The above propelled the researchers to engage in an analytical research study of determining the relationship that existed between the traditional leaders and the local government structures in South Africa. On the basis of the findings of this study, recommendations are made for the fostering of harmonious working relationships between the traditional authorities and the councillors representing the ANC.

Even after 20 years of democracy in South Africa access to archives is still facing many challenges and continuously going through process of transformation. This article concentrates on the present state of accessibility of archives in South Africa. It also exposes the limitations of this process caused by the government’s control over them whilst only serving the state in the apartheid era. The exclusion of the general public as users during this time was one of them. The article makes an attempt to compare the specifics of accessing archives between two important chapters of South African history, prior and post-1994. A short description of the impact of the new legislation developed and implemented after 1994 on the functioning of archives in the new environment is provided. It also presents the significant changes in the role of archival institutions in the new era of democracy in South Africa from the role of traditional records keepers to the more user friendly places more easily accessible to the public. Despite, the great improvement in the accessibility of the archives in South Africa, these institutions still face many daily challenges which impact on their proper functioning. The major issues are: lack of resources, shortage of professional skills, lack of interest and support from the government. They need urgent attention and implementation of some strategies to eliminate those problems. There is still much work to be done in this sector which requires the involvement and cooperation of all country wide archival institutions and plenty of support from the South African government. The contents of the article are based on an extensive literature review. However, the author’s personal professional experience in the archival field has also substantially contributed to the process.

Hegemonie en mag: 'n Normatiewe besinning in die lig van 'n gevallestudie Hegemony and power: A normative reflection as elucidated by a case study

The intent of the study is to investigate and analyse the impact of the Commission on Traditional Leadership Disputes and Claims to the rural communities in South Africa. The authors opine that the issue of traditional leadership has been a contested terrain in South Africa long before the African National Congress (ANC) could assume power in 1994. Furthermore, the study attempts to highlight the intervention strategies embarked upon by the ANC in trying to resolve this problem, hence the institution of the Traditional Leadership Disputes and Claims Commission which was tasked with investigating the legitimacy of some claims on traditional leadership. The study examines, critiques and contextualizes as to why would organisations and to a certain extent individuals sort claims of the legitimacy of traditional leadership in a democratic South Africa. Without doubt, such attempts made democratic dispensation in South Africa an interesting terrain to highlight issues of socio-political concerns. Therefore, with this study the authors intend to raise the issues of the recognition of traditional leadership in as far as disputes and claims are concerned. The study argues that the issue of traditional leadership disputes and claims can be regarded as a modern political struggle in a democratic South Africa and if not properly resolved, negative consequences can be experienced.

This project began with a few simple questions. Is contemporary South Africa secular? What does it mean to be secular? What kind of secularism does it have? I asked them because religion has been so saturated by politics in South Africa's past, and politics so saturated by religion. The historical importance of religion and tradition to South African governance raises the question of whether and how it is possible for a new postapartheid state to found itself without their authority. Why did the churches give up so much of their political role in the transition? How can we think about tradition and the customary in relation to secularism? How can we not? Why do we have traditional leaders and customary law in a dispensation of democratic secular liberal constitutionalism? These are the questions that animate this book. The African National Congress (ANC), religious groups, press and political commentators all say that democratic South Africa is secular. But religion and things that look a lot like religion continue to be important and visible in South African politics and public life. Traditional leaders wield state power in rural areas, sangomas and praise singers are found at inaugurations and public rallies, and the Truth and Reconciliation Commission (TRC) employed overt theology. Statecraft includes a ‘Moral Regeneration Movement’ that calls on religious partners, and Jacob Zuma likens himself to Jesus. With the exception of the TRC, very little of this has been adequately researched or conceptualised. So what is to be made of the public and political presence of religion and tradition in postapartheid South Africa? And what is secularism if it is not the absence of religion? Charles Taylor (2007:15) said about the study of secularism: ‘It seems obvious before you start thinking about it, but as soon as you do, all sorts of problems arise.’ This is true. ‘What is secularism?’ has to be the biggest problem. The forms and attributes of political secularism have often been settled at times of political transition and state formation. There is a double meaning in the title of this book, The State of Secularism . On the one hand, secularism is a mode of state. The second meaning opens an evaluation of the state secularism is in today.

There has for many years been legal recognition of Traditional Leaders in South African laws, such as the Black Administration Act 38 of 1927 and regulations and proclamations issued in terms of other legislation. Recently legal recognition was confirmed in the Constitution of the Republic of South Africa Act 108 of 1996. 
 Additional recognition of Traditional Leaders and the institution of Traditional Leadership is found in the various provincial legislation providing for Provincial Houses of Traditional Leaders and the establishment and functioning of the National Council of Traditional Leaders. 
 Yet the institution of Traditional Leadership has over the past few years given rise to much controversy. There are those who argue that the institution is outdated and others who regard Traditional Leaders as custodians of customary values and the only leaders who are truly responsible for the well being of communities historically and religiously entrusted to them. 
 Traditional leaders fulfil a variety of functions in rural society, including that of presiding officer in customary courts, mediator of disputes, advisor in agricultural and family matters, guardian of young, old, infirm and abandoned. They perform legislative, executive and judicial functions according to the wish of the majority of the members of the tribe. 
 It became apparent, that de facto Traditional Authorities are the only existing form of local government in rural areas in South Africa. It seems unlikely that, in the foreseeable future, it will be financially, politically or practically possible to replace this form of rural government with a comprehensive and sustainable alternative. 
 The future role of Traditional Leadership in the development process is significant in that in addition to the recognition afforded by the Constitution and other legislation, the development law, unfolding in modern day South Africa under a new
 development paradigm, distinctly provides for Traditional Leaders to play a significant role in rural development and development planning at local government level in rural areas. 
 The role and function of the Traditional Leaders of South Africa in the rural development process unfolds as the Integrated planning process comes into operation as envisaged in section 10 of the Local Government Transition Act 209 of 1993 read with the .principles contained in the Development Facilitation Act 67 of 1995. 
 The development principles and the regulations prescribing the process of formulating land development objectives, provides for an inclusive process in which all role players and stakeholders are to be involved. In practice this means that communities, community organizations and institutions, as concerned role players in civil society, are also the concerned and key role players in the development planning and development process at local level. No plan and development strategy will therefore meet the prescribed legal requirements of acceptable development planning standards, if the rural communities and their leaders are not directly and actively involved. 
 Much of the confusion and conflict between Traditional Leadership and Customary Law Councilors on the one hand and elected Local Government Councilors on the other, arose as a result of a misunderstanding of the valuable support role which Traditional Leaders can play in the development process. The difference in the nature and scope of the tasks of elected and traditional community leaders provide a rich multi-facet basis on which a successful local governance system can be developed within the context of the current constitutional-legal framework in South Africa. 
 In many other countries in Africa it was only realized after repeated failures of rural development experiments, that Traditional Leaders and Traditional Authorities constitute a most valuable asset in the rural development process. 

The article explores the challenges of protected area co-management within the context of land restitution. Co-management has been used to resolve land claims in protected areas, as well as to reconcile conservation objectives and land rights. It also focuses on the re-emergence of traditional authorities, engaging with debates around the role of chiefs in a democratic South Africa. Some scholars argued that chiefs are still relevant and can play a role in a democratic dispensation. Others challenged the relevance of chiefs in a democratic era given their hereditary nature. Dwesa-Cwebe Nature Reserve serves as case study. Chiefs were denied any special designation beyond being citizens in a protected area management arrangement, where newly elected institutions were set up to collaborate with the state. They regained authority and relevance around such management within a decade of the 2001 restitution agreement. The study uses qualitative data collection and ethnography. It contends that co-management failures resulted in increased poverty and community unrest, culminating in the reassertion of chiefs’ authority, followed by the re-alignment of state conservation with traditional leadership. It shows that chiefs, despite not democratically elected, may still represent the interests of their subjects, advocate for local rights, and stand against marginalisation of local voices. It concludes by highlighting the nuanced and evolving role of chiefs in balancing community interests with conservation imperatives on ancestral land.

This article critically examines the evolving role of traditional leaders in post-apartheid South Africa, particularly in land governance, resources management and party politics. Despite their constitutionally protected status, traditional leaders have become increasingly involved with political parties, raising essential questions about their role in democratic governance. They have often been criticised for aligning with political parties, raising questions about their impartiality in a democratic society. This study employed literature review methodology, oral histories, document analysis, and other historical materials to examine the role and neutrality of traditional leaders in party politics in post-1994 South Africa. The analysis draws on interviews conducted with nine traditional leaders and key informants, as well as an examination of newspapers, policies, and historical records. The findings reveal that traditional leaders are not merely custodians of land and culture but active participants in the political sphere, often aligning with political parties to secure influence and resources. This involvement is evident in rural areas, where traditional leaders exert considerable control over land allocation and serve as intermediaries between political parties and local communities. The research highlights the power dynamics, suggesting that the entwinement of traditional authority and party politics may have significant implications for democratic governance, rural land rights and local development. It highlights how political parties leverage traditional leaders to secure electoral support, particularly in rural areas where amakhosi significantly influence land allocation and social governance. These dynamics challenge the democratic principles of fairness and transparency, raising concerns about the potential for political manipulation. This study adds to ongoing debates on the contested role of traditional leaders in South Africa’s political landscape, urging reconsideration of their position within modern governance frameworks.

Customary and Statutory Perceptions of Tenure Security in South Africa

This paper identifies indirect colonial rule as an impediment towards recognition of indigenous authority in South Africa. Indigenous Africans have observed customary law from time immemorial in the pre-colonial era to govern its own people with success before the establishment of British colonial policies. Indirect rule treated indigenous tribal chiefs as political intermediaries, which has caused imbalance of the application of law. This policy was used as a mechanism from which apartheid emerged during the twentieth Century and changed African political identity landscape to favour imperialistic ideology. We explore potential alignment in the application of customary law with common law in our courts to mark the democratic dispensation in the post-colonial era. This paper aims to explore the implications of different legal systems used in democratic post-apartheid South Africa and which are influenced by the apartheid legacy and the failure to recognise African values and principles. The influence of western values resulted in the omission of Ubuntu humanist philosophy from the Constitution of the Republic of South Africa, 1966 (Act 108 of 1996) (hereinafter referred to as “the Constitution”).

ABSTRACTThis article engages with the racial distinction inherent in legal dualism and the application of customary law, and questions the justification for upholding this distinction in a society founded on non-racialism. After exploring the theoretical foundations of racialism and the links between racialist and culturalist ideology, the article engages in a brief historical overview of legal dualism in South Africa before investigating the manifestation of racialist ideology in legislation and judicial decisions involving the recognition and application of customary law. Concluding that upholding legal dualism frustrates the constitutional founding value of non- racialism, the article then contemplates instances of unfair discrimination on the ground of race relating to various aspects of legal dualism, choice of law as well as customary rules themselves. Thereafter, the article discusses the importance of protecting cultural identity and cultural rights in the constitutional dispensation, and attempts to locate customary law within this realm of protection. Keeping in mind the constitutional imperative to develop the common law and customary law in accordance with the spirit, purport and object of the Bill of Rights, the article finally investigates ways in which cultural values and customary law could be accommodated in the South African legal system. In particular, the article argues for the harmonisation and integration of common law and customary law in a manner that allows for interaction between these systems without perpetuating legal dualism.

Edward LiPuma is a professor of anthropology at the University of Miami special-izing in the character of globalization and its implications for politics and culture. He is the author of Encompassing Others: The Magic of Modernity in Melane-sia (2000) and the coauthor (with Benjamin Lee) of Financial Derivatives and the Globalization of Riskk (2004) and the forthcoming The Political Culture of Democracy in South Africa (with Thomas Koelble). Thomas Koelble, a political scientist, teaches in the Graduate School of Business at the University of Cape Town and studies economic globalization, democratic theory, and traditional leadership in South Africa. His publications include The Left Unraveled: SocialDemocracy and the New Left Challenge in Britain and West Germany (1991) and The Global Economy and Democracy in South Africa (1998).

Throughout the era of the apartheid, the provision and accessibility of infrastructure in South Africa was skewed, and while the minority had access, the majority was overlooked. Local economic development (LED) has rested on the premise that the availability of infrastructure is likely to spur socio-economic development and to lift millions of South Africans out of poverty. However, with South Africa’s economy struggling to register consistent growth, there are difficulties accessing the much-needed finances needed to invest in infrastructure to spur LED. The study that this paper reflects upon used a qualitative research method and a systematic review of the literature relating to infrastructure provision and local economic development. It utilised thematic content analysis to deduce its findings with the hope of bringing in meaning to the overall content of the paper. The study revealed that indeed infrastructure provision is key to local economic development, that South Africa’s infrastructure provision is still skewed as urban areas continue receiving priority over rural areas; that local economic development is key in reducing inequality and spurring economic growth and sustaining the livelihoods of rural dwellers. However, limited investments in infrastructure in rural areas hinder the realization of such benefits. It recommends that the government prioritise LED in rural areas among other suggestions.

The jury is out and the verdict is in, according to most leftist commentators on the African National Congress (ANC) government. The South African political leadership has forgotten its institution...

This article examines the interplay between traditional leaders, democratically elected leaders and succession in Makapanstad Village, North West Province, South Africa. The article stems from community-based participatory action research conducted in Makapanstad in 2018. The article uses research data, in the form of community dialogue, together with desktop literature on the same subject. The article analyses the significance and role of traditional leadership in a democratic South Africa. It considers traditional leadership and democratically elected leadership in conjunction with succession and the demarcation of roles and responsibilities. The article analyses participants’ views to explore the form of leadership preferred by the residents of Makapanstad. It argues that, despite the recognition of traditional leadership in South Africa's Constitution, the roles and responsibilities of traditional leaders in local and provincial arms of government are limited, in contrast to those of democratically elected leaders.