Scrap all traditional laws - union
2010-07-21 15:02
Cape Town - All legislation relating to traditional authorities must be scrapped, the National Assembly's rural development and land reform committee has heard on Wednesday.
In a presentation to the committee - currently holding public hearings on the proposed repeal of the 1951 Black Authorities Act (BAA), one of the cornerstones of apartheid - the Eastern Cape-based Ilizwi Lamafama Farmers Union said it appreciated the move to repeal the BAA.
"As we welcome it, we also inform this committee there are many problems that continue even though the BAA is being removed."
In particular, ever since the promulgation of the Traditional Leadership and Governance Framework Act and the Communal Land Rights Act (Clara), many rural communities had been divided.
Divide and rule
Chiefs in these areas "claim that these laws gave them strong powers".
"They also say that they are now the new government in rural areas. As Ilizwi Lamafama, we are not happy with this situation.
"This continuation of the divide and rule system of colonialism and apartheid as it was in the classical and in the contemporary is not acceptable and cannot be countenanced."
Traditional councils in the villages were seen as illegitimate.
People still saw them as the old tribal authorities where they used to be "beaten up" by apartheid-era chiefs.
"How is the repeal of the BAA going to give us structures that are genuine and democratic? Not these tribal authorities dressed up as traditional councils. We want Parliament to answer this question."
Many problems were also encountered in terms of service delivery, with development being driven by traditional leaders.
For example, the Comprehensive Agricultural Support Programme budget "is utilised by the department to buy tractors for the chiefs whilst they are not farmers".
"And if we request financial reports from them they fight with us as small farmers."
Subjects not citizens
If a person wanted to open a bank account, the bank required tribal authority stamps, or if a person wanted land, one had to go to the chief and ask the chief.
"If he wishes he will give you land and if he does not wish so, he will not give you land," the union said.
This meant rural people "are subjects and not full citizens".
This was the exact same thing the BAA did by giving power to "these unelected individuals".
People's human rights were also violated by the chieftaincy.
"In the AmaNtinde villages in King William's Town, if you are summoned by the chief and you fail to appear before him, then the chief can take away your residential rights or force you to work in his mealie fields for a certain period."
Women had no rights to present their issues in the gatherings of the traditional councils and had to be represented by a male relative.
Thus, repealing the BAA was not enough. Parliament should look at the other laws that continued with what the BAA intended.
"As we are happy about the repeal of the BAA, we are also not happy about this Clara and Framework Act.
"We are also concerned about the Tribal Courts Bill that is currently before Parliament.
"We are for one government for all the people of South Africa. As rural people, why are we left with the government structures of the BAA?
"We therefore say repeal the BAA and its structures. The tribal authorities must go. We therefore say all laws related to traditional authorities must be scrapped," the union said.
- SAPA