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STRENGTHENING TRADITIONALLEADERSHIP ROLES INSOUTH AFRICA 2009

1st,2nd - 3rd December 2009Protea Hotel Shakaland, KwaZulu Natal

Researched and Producedby

DOWHILE EVENTS TEL: 011 492 0479 FAX: 087 807 0105 E-mail: [email protected]

Speaker Panel

Researched and ProducedBy

Traditional leaders are custodians of African culture, tradition and values. Hence, they fought great wars againstwestern powers to protect the land of the people, its resources and African value systems. We would not be talkingabout indigenous knowledge systems today were it not for the resilience of these leaders – by Bongane Mkhize isa PhD student at the University of Sussex in England (now in SA) specialising in Traditional Leadership.

The Government of South Africa has expressed interest in ensuring that values and cultures of the nation are put atthe forefront of government’s agenda, which led into an establishment of National House of Traditions and ProvincialHouse of Traditions in all provinces.

STRENGTHENING TRADITIONAL LEADERSHIP ROLES IN SOUTHAFRICA 2009


OBJECTIVES OF THE CONFERENCE

· Understanding the role of traditional leaders as per constitution· Role of traditional leaders in the upcoming events( e.g.2010

World Cup)· Addressing the current legislation relating to traditional leadership· Understanding the role of traditional leaders in land reform· Promote indigenous knowledge systems and sustain

development· Actively participate/engage in regional and international IKS

activities· Affirmation of African cultural values in the face of globalisation· Contribution of indigenous knowledge to the economy

WHO SHOULD ATTEND?

· Culture and Heritage Institutions· Leaders of Traditional Institutions· Local and Districts Municipal Councilors· Department of Science and Technology· Provincial Legislature· Researchers· Academics· Non Governmental NGO’s· Legal Representatives· Executive Directors· Municipal managers· Chief Executive Officers

Dr Bheki R. MngomezuluSenior LecturerUniversity of KwaZulu-Natal

Mr Nathi MpungoseCEONational Department of CooperativeGovernance and Traditional Affairs

Prof TAP GumbiIKSUniversity of Zululand

Dr Sibongile MagagulaSocial WorkerUniversity of Zululand

Prof Dennis N. OchollaPhD, Head of the Department ofLibrary and Information Science as wellas Vice Dean Faculty of ArtsUniversity of Zululand

Dr Samba Buri MboupAssociate Professor: Centre for AfricanRenaissance StudiesUNISA

Prof Ester Kibuka-SebitosiAssociate Professor: Centre for AfricanRenaissance StudiesUNISA

Prof Phalandwa A MulaudziAssociate Professor: Centre for AfricanRenaissance Studies

Mr Mpho K MothoagaeIndigenous Mathematical Knowledge

Prof Shadrack GuttoDirector: Centre for African Renaissance StudiesUNISA

Case Study


Keynote address: Legislative and PolicyFramework for Traditional Leadership inSouth Africa.

Keynote Address

Roles of Traditional Leadership in RuralCommunity Development AmidstDemocratic Leadership in LimpopoProvince, South Africa

Mr Mpho TshitangoniPhD candidate in Rural Development Centre forRural Development and Poverty AlleviationSchool of AgricultureUniversity of Venda

SHORT CV DR BHEKI R. MNGOMEZULU

Academic Qualifications

Diploma Obtained : Senior Secondary Teachers Diploma (SSTD)

Institution : University of Zululand, Empangeni, South AfricaDegree Obtained : Bachelor of Pedagogics (B Paed)Institution : University of Zululand, Empangeni, South AfricaDegree Obtained : B.A. (Honours) in HistoryInstitution : University of the Western Cape, South AfricaDegree Obtained : B.A. (Honours) in Political ScienceInstitution : University of the Western Cape, South AfricaDegree Obtained : M. A. in HistoryInstitution : University of the Western Cape, South AfricaDegree Obtained : M. A. in HistoryInstitution : Rice University (Texas, USA)Degree Obtained : M. A. in PoliticsInstitution : University of South Africa (UNISA)Degree Obtained : PhD in African Political HistoryInstitution : Rice University (Texas, USA)

WORK EXPERIENCE

Current position : Senior Lecturer, Dept. of Social ScienceInstitution : University of Kwa-Zulu NatalPosition : Lecturer, Research MethodologyInstitution : Cape Peninsula University of Technology (CPUT)Position : Senior ResearcherInstitution : Department of Foreign AffairsPosition : Research AssistantInstitution : Rice University (Texas, USA)Position : Teaching AssistantInstitution : Rice University (Texas, USA)Position : Lecturer (African Political Economy & History)Institution : University of the Western CapePosition : Writing ConsultantInstitution : Writing Center, University of the Western Cape

PUBLICATIONS

(i) Journal articles· Leadership crisis in Africa: Contextualising African leaders’ obsession with power, Journal of Business and

Management Dynamics, Vol. 3 (2009): 36-48.· The role of co-operation between stakeholders in the effective delivery of education in KwaZulu- Natal, Journal

of Business and Management Dynamics, Vol.1 (2007): 28-39.· Harlots or handmaidens? Interdisciplinarity and the performativity of knowledge, English Academy Review,

Vol.17, Issue 1 (December 2000), pp.74-82. [With Miki Flockeman, Sue Newton-King, Terri Barnes,Stan Ridge, Kosie Abrahams, Lannie Birch, Douglas Louries and Roger Field].

· They die with the guns in their hands, Journal of the Academic Development Center, Vol.3, No.2 (1997), pp.37-52.

(b) Other research & development outputs

Book Reviews

· Scholars in the Marketplace: The Dilemmas of Neo-liberal Reform at Makerere University, 1989- 2005. By MAHMOOD MAMDANI. Cape Town: HSRC Press, 2009. SAHJ (In press).

· To the Brink: The Sate of Democracy in South Africa. BY XOLELA MANGCU. Scottsville: University of KwaZulu-Natal Press, 2008. SAHJ, Vol. 61, No. 2 (2009): 440-442.

· Tradition, Culture and Development in Africa: Historical Lessons for Modern Development Planning. BY AMBE J. NJOH. Burlington: Ashgate, 2006. SAHJ,Vol.60, No.2 (2008): 281-283.

· Democracy Compromised: Chiefs and the Politics of Land in South Africa. BY LUNGISILE NTSEBEZA.Cape Town: HSRC Press, 2006. SAHJ, Vol.60, No.1 (2008): 155-157.

· A Concise History of South Africa. By ROBERT ROSS. Cambridge: Cambridge University Press, 1999. Kronos,No. 28 (2002): 179-183.

· Uyadela Wen’osulapho: Black Participation in the Anglo-Boer War. By Bill Nasson. Randburg: Ravan Press,1999. SAHJ, No.46 (2002): 327-330.

· Gender, Race and the Writing of Empire: Public Discourse and the Boer War. By PAULA M. KREBS. UnitedKingdom: Cambridge University Press, 1999. Kronos, No. 26 (2000): 159-160.


All about your speaker

Recent Papers

· Research for whom and for what? Economic power and university research, UKZN, 1/10/09.· The future of traditional leaders in South Africa: A view from below, UKZN, 30/10/09.· The role of education in rural development in post-apartheid SA, Cape Town, 2-4/11/09.· A fight from within: Gender and hierarchy as divisive factors in the institution of traditional leadership in South Africa

(Under review)


Paper prepared for the conference titled: Strengthening traditional leadership roles inSouth Africa, 1-3 December 2009. Protea Hotel, Shakaland, KwaZulu-Natal

Abstract

The role of traditional leaders in modern governance has been the subject for debate in many African countries sinceindependence. South Africa is no exception in this regard. In a nutshell, the debate revolves around two conspicuouslyopposed viewpoints. On the one hand is the view that traditional leadership as an institution is obsolete and irrelevant inmodern governance. Proponents of this view argue that retaining traditional leaders in a democracy is illogical andretrogressive. They see the institution of traditional leadership as an antithesis of democratic imperatives and call for itsextinction. A counter view sees the institution as an epitome of African culture and tradition which cannot be discardedunder the pretext of promoting democracy. According to this view, traditional leaders epitomize who we are as Africans.Implicit in this trajectory is the presupposition that destroying the institution of traditional leadership is tantamount to uprootinga tree and hoping that it will somehow survive. This polarization of society triggers few questions which this paper aims toaddress: How should traditional leaders position themselves in society? What should their role be? Which problems aretraditional leaders faced with and what does the future hold for them in South Africa?


PROFILE OF PROFESSOR SHADRACK B. O. GUTTO

PROFESSOR SHADRACK B. O. GUTTO: LLB (Hons) (Nairobi, Kenya), M.A.L.D. (Fletcher School of Law and Diplomacy/Tufts, USA), PG Diploma in International and Comparative Human Rights Law (Strasbourg, France), Ph D (Lund, Sweden).

Born in Kisii, Kenya, in 1951; acquired South African Citizenship in October 2000; father of 4 daughters born 21/1/1988, 10/11/1990, 19/9/2003 and 21/4/2008.

LL.B. (hons), University of Nairobi (1975). Pupilage with Archer & Wilcock Advocates, Nairobi.Master of Arts in Law and Diplomacy, Fletcher School of Law and Diplomacy, Tufts University,U.S.A (1978). Post-grad. Diploma in International and Comparative Law of Human Rights, Strasbourg, France (1978). Lecturer and Research Fellow, Faculty of Law and the Institute of Development Studies, University of Nairobi, respectively (1978-1982). In 1982, during theKenyan Government’s crackdown on critical academics, was forced into exile and lived in Graz, Austria and London, the U.K. Lecturer, Law Faculty, University of Zimbabwe (1983-1988) and founding editor of the Zimbabwe Law Review. Declared a persona non grata forunspecified “national security” grounds in 1988. Granted Convention refugee status in Swedenin 1989. Senior Teaching and Research Fellow, Institute of Sociology of Law, Lund University(1989 - March1994); meanwhile completed a doctorate in sociology of human rights law in 1993.

Associate Professor, Law Faculty and the Centre for Applied Legal Studies at the University of the Witwatersrand from April1994; Deputy Director (1995-1998) and Acting Director (2000-2001). Headed the Land Rights Research Programme andlectured in Public International Law, Human Rights, Property Law and Land Reform, Constitutional Law and Jurisprudence.Supervised masters and doctoral students. Was Co-Chairperson of Wits University Transformation/Institutional Forum 1996-2000.

Full Professor and Chair of African Renaissance Studies & Director of the postgraduate Centre for African RenaissanceStudies, University of South Africa (UNISA): June 2003-; Professor Extraordinaire at the Faculty of Humanities, TshwaneUniversity of Technology (2008-); Non-Executive Chairperson at Maluleke Seriti Makume Matlala (Attorneys) Inc (2007-).A member of UNISA Senate, Senate Executive Committee, and deputy chair of Senate Publications Committee; Academicplanner and coordinator of the Government of South Africa-UNISA-Government of Southern Sudan human capacity andinstitutions’ building project (2004-2011).

Published widely in local and international legal and political economy and cross-disciplines professional and academic journalsand has authored or edited the following books and monographs:

(i) (Author) Equality and Non-Discrimination in South Africa: The Political Economy of Law and Law Making (2001);(ii) (Editor and Contributor) A Practical Guide to Human Rights in Local Government (1996; (iii) (Author) ICJ Workshopon NGO Participation in the African Commission on Human and Peoples’ Rights, 1991-1996: A Critical Evaluation(1996); (iv) (Author – a creative story book for children) Big Eat Them (1996); (v) (Author) Property and Land Reform:Constitutional and Jurisprudential Perspectives, (1995); (vi) (Author) Human and Peoples’ Rights for the Oppressed:Critical Essays in Theory and Practice from Sociology of Law Perspectives (1993) ; (vii) (Co-editor and contributor)Namibia: Conspiracy of Silence (1989); (viii) (Chief investigator) Survey on Laws on Fertility Control (1979).


PROFILE OF MAGAGULA SIBONGILE

PROFILE: I am employed as a lecturer in the Department of Social Work, University of Zululand. A mother of three (3) anda grandmother of two(2).

WORK HISTORY: Prior joining the said Higher Education Institution, I had worked as follows:

1994-2004 = Social Worker at Ongoye and Inkanyezi Welfare Office. Services rendered were Probation work, AssessingEarly Childhood Development (ECD),

2005- TO DATE: Lecturer

EDUCATON: MASTERS FOR SOCIAL WORK (JSU-USA), CLINICAL SOCIAL WORK PRACTICE (JSU-USA) & D Phil (UZ).

SKILLS: - PAPER PRESENTATIONS DURING CONFERENCES; - RESEARCH SUPERVISOR

ACHIEVEMENTS: - A FOUNDER OF ESIKHAWINI METHODIST ‘O’ PROJECT.(EM’O’P) SPECIALISES WITH ORPHANEDCHILDREN.· HERSA ACADEMY AWARD (2009)· HIV/AIDS COUNSELLOR· SCHOOL GOVERNING BODY MEMBER· LAY REPRESENTATIVE FOR THE NATAL COASTAL METHODISTS

PROFILE OF PROFESSOR DENNIS N. OCHOLLA

Dennis Ocholla, PhD, is Professor and Head of the Department of Information Studies as well as Vice Dean of the Facultyof Arts, University of Zululand. He is a prolific writer in scholarly journals (over 155 publications) and presenter at professionaland scholarly local(50) and international(26) conferences and seminars; a Fellow, Centre for Information Policy Research(2008 – 2009), School of Information Studies, University of Wisconsin, Milwaukee, USA; a Rated Researcher [EstablishedResearcher-C], NRF(South Africa) 2005-2010; former Editor-in-Chief, South African Journal of Libraries and informationScience- 2002-2008; a member Editorial Board of 7 international and 2 national journals; a member of several national andinternational conference committees and Chair of the 13th ISSI conference, South Africa Durban 2011.

His research and teaching interests and commitments are: Information seeking/user studies, Informetrics, LIS Education,Information Ethics, and Application/Use of ICTs/Community Informatics, Research Methodology, Knowledge Management andIndigenous Knowledge. Fifteen masters and 8 PhDs in the mentioned research areas have graduated through his supervision.

Abstract

ETHICAL PERSPECTIVES OF TRADITIONAL LEADERS

Leadership requires robust qualities which go beyond the norm. While definitions of leadership may vary, an importantattribute of a leader is that s/he is able to assert judicious control over a group, situation or country. Charismatic traditionalleaders receive admirable support from their communities. The prolonged success of this category of leadership has pavedthe way for the assumption that distinctive physical and psychological characteristics account for leadership effectiveness.Honourable moral behaviour is the fruit of an effective leadership style. In South African communities, paternalistic leadersgenerally lack respect for their subordinates, however, communities are progressive beginning to adopt the stance that“respect begets respect”. This paper examines social ethics demonstrated by male traditional leaders towards femaletraditional leaders as well as subordinates.

A member of a number of committees and boards of statutory bodies, e.g. the Constitutional Matters Committee of the RulesBoard for Courts of Law, Land Restitution Trust, Equality Review Committee and the Policy and International Liaison Committeeof the South African Human Rights Commission. Sits on a number of advisory and control boards and boards of trustees ofnational and regional non-governmental legal and human rights organs of civil society including BLA-Legal Education Centre;National Paralegal Institute; Africa Legal Aid; African Centre for Democracy and Human Rights Studies; Rural Legal Trust;and National Land Committee. Treasurer, Arusha AU-NEPAD Human Rights Trust Fund. Treasurer, Vice-President andPresident, Society of Teachers of Law of Southern Africa (1998-2000, 2000-2001 and 2002-3, respectively).

Special adviser and one of the drafters of the Equality Act (2000) and Communal Land Rights Act (2004); has providedconstitutional legal opinions, conducted commissioned research and judicial training; participated in legislative drafting forseveral ministries and departments in the Government (land affairs, justice, health, education, arts, science & technology andintelligence). Chaired the National Legal Aid Transformation Team (1998-1999) and the Ministerial Panel of Experts on theDevelopment of Policy on Ownership of Land by Foreigners (2004-2007); Member of the National Refugee Relief Fund Board;Member of the Steering Committee of the Legal Services Charter (2004-2007). Has participated in human rights national needsassessment, programmes development and monitoring missions for the then UN Centre for Human Rights (Lesotho & Namibia)and Amnesty International (Sierra Leone). Ad-hoc legal expert consultant to the International Commission of Jurists (1996),the United Nations Office of the High Commissioner for Human Rights and United Nations Development Programme (October2001-2007), African Union and NEPAD (2002-8), the International Bar Association (2002-3); Part-time Special Adviser to theMinister of Justice and Constitutional Development on transformation of the justice sector (2004 - 2008); Part-time Advisorto the Minister of Housing (2005-2008); Advisor to the National House of Traditional Leaders (2007-); Co-Team Leader: APRM-CRM to Nigeria (2008); media analyst and commentator on law, politics and society. Columnist for ThisDay 2003-2004. Amember of editorial boards of accredited, peer reviewed,


08:00 Registration and early morning refreshments

08:30 Chairperson’ opening remarks and welcomeaddress

09:00 Keynote address: Legislative and Policy Framework for Traditional Leadership in SouthAfrica.

The first democratically elected government which came to powerin South Africa took on the responsibilities of dealing with variouschallenges which were affecting the Traditional leaders. The electedGovernment prioritized addressing issues of traditional leadersbeing recognized and being handed back their leadership roles intheir communities. Since then they have been huge consultationsand formulation of policies which protect our traditional leaders. Inthis key note address .focus will be on;

· Policy making and implementation in South Africa· Are our traditional leaders recognized in the SADC and

what is their role?· Legislative plans that have been formulated that could

lead towards improving the standard of our traditional· Leadership participation at a global level


10:45

11:00 Strengthening indigenous knowledge system in Africa

· Indigenous Farming Methods· Indigenous Technologies (e.g. mining technology)· Arts and Crafts· Indigenous Foods· Indigenous Games· Paired indigenous knowledge with the institutions of

learning.Prof TAP GumbiIKSUniversity of Zululand

and

Prof Dennis N. OchollaPhD, Head of the Department ofLibrary and Information Science as wellas Vice Dean Faculty of ArtsUniversity of Zululand

13:00

14:00 The function of the traditional leadership houses in all provinces

The institute of traditional leaders has and continues to play animportant role in our society. Houses of Traditional Leaders havebeen established at national level and in some provinces to carryout an advisory role in government. The speaker will deliver on :

· Effective and efficient functioning of our Houses of Traditional Leaders

· Provide guidance and capacity to all forums created by the National House

· Feedback method amongst the Houses

Mr Nathi MpungoseCEONational Department of Cooperative Governance andTraditional Affairs

15:30 Discussions16:00 Closing remarks


08:30 Chairperson’ opening remarks and welcomeaddress

09:00 Stabilizing the partnership between Traditionalleaders and local municipalities

The conflict between tradititional leaders and elected local municipalcouncilors impact negatively on rural community development andservice delivery. This topic will lay a platform to reveal strategiesand mechanisms to strengthen cooperation between traditionalleaders and local municipalities by:

Combining local ideologies with newer national systems and structures

· Assessing the role of a traditional leader in a modern anddemocratic governance system

· Applying measures to resolve the issues and challenges between traditional leaders and elected municipal councilors

· Promoting gender parity in all areas of policy formulation

Dr Samba Buri MboupAssociate Professor: Centre for African Renaissance StudiesUNISA

10:45

11:00 Traditional norms, customs and values that govern the indigenous people’s wayof life and their legal regulatory instruments.

The customary practices such as circumcission schooling andvirginity testing have been for reprimanded being offensive to child’srights.The topic will establish how cultural practices and the nationalconstitution can be harmonizedby reviewing updates in:

· The National Constitution· Traditional Leadership framework act:no 41· Commission of traditional leadership, disputes and claims· Customary Laws and Practices

Prof Phalandwa A MulaudziAssociate Professor: Centre for African Renaissance StudiesUNISA

13:00

14:00 The participation of traditional leaders in preventing pandemic diseases that has affectedSouth Africa’s health system

New 24 special report claims that:

There has been 11 253 laboratory confirmed cases of the illnesscaused by the A(H1N1) virus. Of the people who died, 20 werepregnant women, five of whom were HIV positive.

· Background on traditional healing in South Africa.· S.A’s legal framework on traditional health practitioner’s

use of traditional medicine· Male circumcision rites and role in health care· Effective HIV/AIDS prevention led by traditional leaders· Strengthening and supporting the national response to

pandemic diseases· Traditional leaders commitment to assist in the fight against

pandemic diseases

Prof Ester Kibuka-SebitosiAssociate ProfessorUNISA

15:30 Discussions

16:00 Closing remarks

Day One: 1 December 2009 Day Two: 2 December 2009

TEA BREAK

LUNCH

TEA BREAK

LUNCH

Day Three: 3 December 2009

TEA BREAK

LUNCH


08:30 Chairperson opening remarks and welcomingremarks

09:00 Promoting and globalizing the African culturalvalues and leadership in Southern Africa including gender dimensions of the AIKS

· Establish, strategies for protection and promotion of IK and IKS in the African region and internationally

· Understanding culture and norms of the African indigenouspeople

· Lack of access to indigenous knowledge· Promoting the usage of African languages in all areas of

governance and institutions of a democratic state

Prof Phalandwa A MulaudziAssociate Professor: Centre for African Renaissance StudiesUNISA

10:15

10:30 The Traditional Leadership Governance and Framework Act of 2003 as well as the Communal Land Rights Act of 2004 that havebeen passed in South Africa.

The core of the Act deals with the transfer of land title from thestate to traditional communities, the registration of individual landrights within ‘communally owned’ areas; and the use of traditionalcouncil or modified tribal authority structures to administer the landand represent the ‘community’ as owner.

· Provide guidance on Communal Land· The rights land ownership and control· The impacts of modern farming system on traditional

farming system· The effect of customary laws on land inheritance disputes

and claims· Creation of principal traditions

Prof Shadrack GuttoDirector: Centre for African Renaissance StudiesUNISA

12:00 Roles of Traditional Leadership in Rural Community Development Amidst DemocraticLeadership in Limpopo Province, South Africa

Mr Mpho TshitangoniPhD candidate in Rural Development Centre for Rural Developmentand Poverty AlleviationSchool of AgricultureUniversity of Venda

12:30 Indigenous Mathematical Knowledge

Mr Mpho K MothoagaeCentre for African Renaissance StudiesUNISA

13:00

14:00 The participation of traditional leaders on theupcoming world events (FIFA world cup 2010).

May 15 2004, Fifa announced that it had chosen South Africa tohost the 2010 football World Cup, there was dancing in the streets.Back then, it had just more than six years to get ready. Now weleft with few months to host the first ever worlds greatest sportevent in the continent.Over a billion people are expected to followthe month long tournament between the world's top 32 soccerplaying nations. The focus will be:

· What is the role of traditional leaders in this upcoming event?

· Are traditional leaders represented in the Local OrganizingCommittee

· Communication between LOC and Traditional leaders· How are the rural communities going to benefit from this

event?· How is the event being marketed in rural communities.15:00 Chairperson’s closing remarks

15:30 End of the conference

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STRENGTHENING TRADITIONAL LEADERSHIP ROLES IN SOUTHAFRICA 2009


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