Question NW3725 to the Minister of Cooperative Governance and Traditional Affairs
20 November 2023 - NW3725
Komane, Ms RN to ask the Minister of Cooperative Governance and Traditional Affairs
Whether, in light of the Constitutional Court ruling between Constance Mogale and Others v Speaker of the National Assembly and Others, her department had taken any steps in the North West to make way for the reconstitution of the traditional councils; if not, why not; if so, (a) what steps and (b) by what date does she envisage the elections of traditional councils will be held?
Reply:
Yes, the Department has taken steps to make way for the reconstitution of traditional councils which have recognised traditional leaders.
a) In February 2022, the COGTA Ministry published the formula for determining the number of members of Traditional Councils (TCs) as required by the Act. However, in January 2023, traditional leaders requested that the published formula be reviewed which led to provinces not being able to finalise the constitution and therefore not meeting the legislated timeframe of 31 March 2023. To address traditional leaders’ concerns, and as empowered by the Act, section 63(4)(c) Intervention Plan was developed to ensure that the TCs can be constituted and the implementation of the plan has commenced. As part of implementation of the Intervention Plan, on 12 May 2023, I convened a meeting of all Houses of Traditional and Khoi-San Leaders as well as the MECs to address traditional leaders’ concerns on the current formula.
At this meeting it was resolved that the National House of Traditional and Khoi-San should consult all houses of traditional and khoi-san leaders to make proposals on the formular. The Chairperson of the National House called a Xivijo meeting from 23-24 October 2023 to discuss among others, the formula options and for traditional leaders to make their recommendations in this regard. Arising from the recommendations made at the Xivijo, I have now formally written to all MEC’s and Provincial Houses to consult them on the formula options that have been proposed.
b) Our intention is to gazette the new formula by the end of this calendar year. We envisage the elections of traditional councils to start being held in January 2024.
End.