Traditional leader bill lacking

2003-09-16 16:22

Cape Town - The draft Traditional Leadership and Governance Framework Bill does not live up to expectations, according to the Coalition of Traditional Leaders of South Africa.

The bill is the subject of public hearings being held by the National Assembly's provincial and local government committee this week.

In their submission to the committee, coalition representatives said there could be no doubt that the vision for the institution of traditional leadership "as portrayed by the bill" was very different to that envisaged by the traditional leaders and their communities.

With the advent of democracy in 1994, traditional communities were led to believe, among other things, their land would be restored to them, and they would be allowed to return to their own "African democratic system of governance".

They also believed the failure to describe their status in the Constitution would be rectified in a co-operative manner, in which their views would carry the greatest weight as it dealt with their lives, and the issue would be dealt with in the friendliest possible way.

Expectations not met

"The expectations of the traditional leaders and their communities have not been met," the coalition said.

They had found their vision of a free democratic and open society was not shared by those given the task of dealing with issues relating to traditional communities.

"The claim of the coalition that African direct democracy is more democratic than Euro-centric representative democracy, especially at the local level, is on the table.

"It cannot be brushed aside by any Parliament that claims to uphold the principles of democracy as enshrined in the Constitution.

"An open and democratic society does not impose methods of governance upon its reluctant people," they said.

Traditional systems evolve

Traditional systems and cultures evolved and changed according to the wishes of the people.

If a central authority sought to impose change, it destroyed the very essence of tradition, and took away from the people all they valued most.

"We appeal to Parliament to put aside borrowed Euro-centric thinking, and approach this issue as Africans," the coalition said.

The coalition includes the National and all Provincial Houses of Traditional Leaders, the Congress of Traditional Leaders of South Africa, and the Royal Bafokeng nation.

Pave way for official recognition

The draft legislation seeks to pave the way for official recognition and regulation of South Africa's traditional leadership.

It provides for, among other things, recognition of traditional communities, the establishment and recognition of traditional councils and their functions, and guiding principles for allocating roles and functions to traditional councils and leaders.

The bill also deals with partnerships between municipalities and traditional councils, the recognition of regents and other traditional leaders, leadership positions, and the removal from office of traditional leaders.

It further provides for the establishment of the Commission on Traditional Leadership Disputes and Claims.

- SAPA