TOWARDS A WHITE PAPER ON TRADITIONAL LEADERSHIP AND INSTITUTIONS
Department of Provincial & Local Government
1. INTRODUCTION
A Historical Background
· The institution as representing the legacy of our pre-colonial past
· In the frontline of early encounters with colonial invaders
· Targeted for subjugation and control through 'indirect rule'
· Apartheid distortions, e.g. separate development and homeland co-option
· Active participation by some in the liberation struggle
-1993 Interim Constitution
-Disparities
· Salaries
· Headmen
· Kings/Paramount Chiefs
· Disputes and different approaches
· Appointments
· Various laws
· Tribal grants and Tribal Authorities
-Traditional leadership, Local Government and Development
-Clear need for a national framework, some uniformity, and rationalisation of laws
-1996 Constitution
· Schedule 4 - concurrent
· Chapter 12 recognition subject to Constitution
· Chapter 7 - wall to wall local government
· Chapter 3 - co-operative governance
-1997 decision of MINMEC to embark on a white paper process on traditional leadership to address all challenges.
2. THE WHITE PAPER PROCESS
-Process Structure (Three phases)
· Phase 1: The Status Quo Report (Finalized in August 1998)
· Phase 2:
The Discussion Document and Draft White Paper
· Phase 3
Implementation
-The Status Quo Report Phase This phase involved the collection of all relevant statistical data regarding traditional leadership and institutions, namely:
· The number of traditional leaders
· The jurisdictional areas of traditional leaders
· Succession disputes
· Analysis of current functions and roles
· Legislation
-The Discussion Document, and the Draft White Paper Phase
· This phase is currently underway
· A Discussion Document was launched on11 April 2000
· Deadline for comments is 31 May 2000
· A Major workshop planned for mid May 2000 (date to be confirmed later)
· From the beginning of June 2000 the process of writing a draft white paper will
commence
· A final white paper by August 2000
-Implementation Phase
· The rationalization and repeal of all pieces of legislation from the former homelands and self-governing territories.
NB: This process has already begun
· A framework legislation
· A report on the khoisan question
· Commission on disputes
· A capacity building programme
3. STRATEGIC OBJECTIVES
· Building their capacity for a meaningful role in governance and in the promotion of the Constitution
· Promoting the role of traditional leadership in dispute resolution
· Their role in service delivery and development
· Their role as custodians of culture, customs and traditions
· Transformation in line with the Constitution, and the Bill of Rights
· Promoting accountability
· Promoting gender representativity;
· Enhancing the ceremonial role of traditional leaders,
· Promoting nation building and co-operative governance
4. DOCUMENT STRUCTURE Divided into three sections, namely: Section A
· Foreword by Minister Mufamadi
· Introduction
· A vision statement
· Comparative perspectives
Section B
· Contains all the issues requiring policy Section C
Section C
· Contains relevant ANNEXURES
5. POLICY ISSUES RAISED IN THE DOCUMENT
· The manner in which the institution is structured
· The appointment of traditional leaders
· How a traditional leader can be removed from office
· The role of women in traditional leadership structures
· The status and role of the youth in traditional communities
· Party political affiliation of traditional leaders
· The remuneration of traditional leaders
· Matters relating to co-operative governance and the role of traditional leaders
· The role of the Houses of Traditional Leaders
· Cross boundary issues
6. A FEW CRITICAL AREAS
· Gender representativity, and the role of women in traditional leadership structures
· Headmen
· Political participation
· Kings and Paramount Chiefs
· The question of legitimacy and deposed traditional leaders
· Cross border relations
· Houses
· Remuneration, e.g the issues of benefits and accountability (performance contracts?)
· Local government and traditional leadership
7.WAY FORWARD The Consultation process:
· Presentations to Provincial Houses of Traditional leaders (12/05/00)
· Presentations to the House of Traditional Leaders, (29/06/00).
· Provincial mini launches/hearings (31/05/00)
· Briefing statutory bodies and NGOs (05/06/00)
· Briefing National Departments dealing with
traditional leadership issues (06/06/00)
· Convening a rounding-up conference (22/06/00)
· Writing a draft white paper immediately after this conference.
Work in Progress
· The production of a discussion document on mechanisms for dispute resolution
· A report on all the laws that must be rationalized
· A report on Khoisan communities