Abstract

Traditional authorities play an important role in South Africa. Not everyone is, however, prepared to recognise them as role players. In government circles, on the one hand, a tendency exists to marginalise the role of traditional leaders and, on the other hand, a White Paper process is under way to spell out the role of traditional leaders in the future dispensation. Traditional authorities are seen by their communities as leaders through and by the people. In some instances it is even stated that they receive their authority from God. Research done in the Province of the North West, the Northern Province and the Province of KwaZulu-Natal illustrates that in many of the communities in which traditional leaders serve they are regarded as leaders and they are also seen as symbols of unity in the community. The idea that the system of traditional leadership may be abolished was met by fierce resistance. Traditional leaders are recognised in terms of section 211 of the 1996 Constitution. The Constitution also recognises the possibility that national and provincial legislation may provide a role fo r traditional leaders at national, provincial and local level. Some of the findings of the above-mentioned research programme illustrate that traditional leaders were used as political tools in the past and that they should refrain from participating in party politics. Findings also highlighted the fact that the fragmented legislation dealing with the recognition and functions of traditional leaders (caused by the apartheid system) should be rationalised. Some confusion still exists as to the role of traditional leaders vis-á-vis local government and it is recommended that the respective roles should be clearly spelled out. Traditional communities resent interference in their own affairs without them being consulted. In some respects rural women fe lt that they are not part of the decision-making process and that in some instances they are not allocated land. They, however, express the need to be consulted before any changes to their position is made. Traditional leaders have an important role to play in development at grassroots level. Traditional communities themselves need to be consulted when development is planned and a proper mechanism should be implemented to ensure that rural communities also benefit from rural development schemes.

Highlights

  • In 1993 South Africa entered a new constitutional dispensation based on democracy, equality, fundamental rights, the promotion of national unity and reconstruction

  • Certain issues have to be addressed dealing inter alia with the structure and role of traditional leadership and institutions, the principles relating to remuneration, a national audit of traditional leaders, the role of women, the role of traditional leaders in politics, the future role of the Houses and the Council of Traditional Leaders and the rationalisation of current legislation dealing with traditional leadership and institutions

  • An accord on the role of traditional leaders in the future development of South Africa should be reached between government, traditional leaders and other role players such as organised local government, to serve as a blueprint for formulating official policy at national, provincial and local government levels on all aspects pertaining to traditional leaders, traditional authorities and customary law

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Summary

Introduction

In 1993 South Africa entered a new constitutional dispensation based on democracy, equality, fundamental rights, the promotion of national unity and reconstruction. The role of traditional leaders was dealt with substantially in the 1993 Constitution (s 181-183, Principle XIII, Constitution of the Republic of South Africa 200 of 1993; cf TARG, 1996i). During 1995 a study (TARG, 1996a; TARG, 19961; TARG, 1996m; TARG, 1996n) on the administrative and legal position o f traditional authorities in South. Africa and their contribution to the implementation of the Reconstruction and Development Programme was undertaken in three provinces, namely the Northern Province, KwaZulu-Natal and the Province of the North West.. The research was based on literature as well as on fieldwork (TARG, 1996c; TARG, 1996e) undertaken in the Northern and North West provinces. The most important conclusions regarding the socio-political history, the legal position and development management will thereafter be discussed

General observations
Commonalities
Dissimilarities
Politico-historical
Customary law
General and short-term recommendations
Policy proposals
Powers and functions
Local government and traditional authorities
Judicial functions
Equality and gender
Land reform
Balanced and sustainable development
Administrative structures
Budget and finance
5.2.10 Training
5.2.11 Consultation
5.2.13 Policy implementation
5.2.14 New legislation
Broad principles
Recognition of the institution of traditional leadership
Role of traditional leadership at provincial level
Role of traditional leadership at local level
Functions
Consultation
5.3.10 Indigenous Communities Commission
Conclusion
Full Text
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