Discussion Paper On The Role Of Traditional Leaders In a Democratic

South Africa Conference on Traditional Leadership by COGTA

12th—13th December 2011

By: Sandile Cele CEO: SALGA-KZN

Sscele@kwanaloga.gov.za

EXECUTIVE SUMMARY

Key Areas are: • The importance of the role that can be played by traditional leadership in

contributing to the entrenchment of democracy in South Africa • Whether traditional leadership is still relevant today, and whether it can

co-exist with democratic forms of governance • Highlights the legal framework that is already in place • Finally, consideration is given to the roles of municipal councilors versus

traditional leaders—taking into account the Constitutional Mandate of Local Government and the fierce competition over power and resources that characterises the relations at a local government level

INTRODUCTION

Question: “Can the institution of traditional leadership be transformed

to serve the interests of the people as a whole in conformity with the democratic principles embodies in the Constitution?”

o Starting point is to understand the objectives of the conference

o Progress made in assessing the state of governance in traditional affairs (by COGTA)

o What are problems affecting relations at local government level

o What are proposed areas of cooperation at local government level

What are the areas of conflict?

• The perception that the fundamental cultural rights and roles of traditional leaders within rural communities are unfairly compromised by the democratic laws and the Constitution.

• The question of whether the traditional leaders must have a ‘political voice’ and be included in the participatory structures of government

• Whether land administration should be left in the hands of traditional leaders or it should be a government function.

• The principle of gender equality (in particular the role of women in a traditional leadership system) and

• The question of accountability as a democratic principle (whereas in a democracy power lies with the people, democratically elected leaders would therefore be expected to account to the people; when it comes to traditional leadership, the question of accountability is not very clear).

• The perception that traditional leadership undermines the commitment towards achieving an accountable and efficient form of democratic governance in South Africa

Argument on Cooperation

• It is our argument that when all these areas of conflict are dealt with, cooperation between the traditional leaders and municipal councillors will be natural. Precisely because in South Africa, there are large ethnic communities which subscribe to the values and customs of traditional leadership and which are thus not ‘adequately’ represented by the contemporary system of democracy.

• The question that remains, however, is what are the areas of cooperation that need to be realized at a local government level?

The Proposals on Cooperation

• Participation of traditional leaders in the national and or provincial legislative process through the national or provincial house of traditional leaders (whether in the NCOP or in the Provincial legislature)

• Participation in executive intergovernmental structures such as intergovernmental forums and various MINMECS.

• Participation through the houses of traditional leaders in the budgetary and financial resource allocation process (across the spheres)

• Capacity development for traditional leaders in order for them to meaningfully participate in all these structures

• At a municipal level, traditional leaders must work with ward councillors, especially their participation in structures such as ward committees, IDP Forums, Community Police Forums, school governing bodies and all the local participatory structures will allow them an opportunity to influence processes.

Conclusion

• Service delivery and economic development through land use and agriculture is crucial to improving the lives of rural communities within the context of nationally defined priorities of social transformation.

• It is imperative that local government and traditional leaders should relate to each other in forging a meaningful partnership thereby promoting transformational imperatives, notably development, transparency and accountability.

• It is only fair to acknowledge the influence traditional leaders have over certain communities in South Africa. Such influence must not be confused with power to govern which is conferred by the constitution on the sphere of local government.