NATIONAL HOUSE OF TRADITIONAL
LEADERS
BUDGET REVIEW REPORT: 2007/2008
A report
presented to the Parliament of the
I.
MANDATE
The National House of Traditional Leaders (the House) is a
statutory body established by the National House of Traditional Leaders Act,
1997 (Act No 10 of 1997)(the NHTL Act) as amended. Its main objectives are to
represent and advance the aspirations of Traditional Leaders and their rural
communities at national level. The objects
and functions of the House, are among
others, as follows:
·
To
promote the role of traditional leadership within a democratic constitutional
dispensation;
·
To
enhance unity and understanding amongst traditional communities;
·
To
enhance cooperation between the National House and the various Houses with a
view to addressing matters of common interest;
·
To
advise the National Government and make recommendations relating to any Matters
relating to traditional Leadership; The role of traditional leaders; Customary
law; and the customs of communities observing a system of customary law;
·
To
investigate and make information available on traditional leadership,
traditional authorities, customary law and customs;
·
At
the request of the President, to advise him or her in connection with any
matter referred to in this section;
The House further derives its mandate from the following
pieces of legislation:
- The
Constitution of the
- National
House of Traditional Leaders Act, 1997 (Act N0 10 of 1997)
- Traditional
Leadership and Governance Framework Act, 2003 (Act 41 of 2003)
- Communal
Land Rights Act, 2004 (Act N0 11 of 2004)
- Local
Government Municipal Structures Act, 1998 (Act N0 117 of 1998)
- Disaster
Management Act, 2002 (Act N0 57 of 2002)
- Other
pieces of Legislation and policies
II. VISION
To be a House of traditional leaders that ensures efficient
and effective leadership and service delivery by the institution of traditional
leadership for the advancement of the interests of traditional communities.
Thus the House must:
- Ensure
that it operates in a manner prescribed in its statutory mandate;
- Promote
the development of rural communities;
- Work
together with other primary stakeholders in the execution of its mandate;
- Participate
effectively in legislative and policy processes;
- Ensure
that the status and dignity of the institution of traditional leadership
is restored, enhanced and preserved in
- Develop
programmes to address its capacity related challenges;
- Promote
the preservation of language and culture of the African people in line
with section 30 and 31 of the Constitution.
III. MISSION
To represent the aspirations of traditional communities by
playing a meaningful role in cooperative governance.
Thus the House must:
·
Act
as a custodian of cultures, customs and traditions;
·
Influence
government policy and legislation especially in so far as it affects the
institution and traditional communities;
·
Advise
government on related matters;
·
Seek
to be consulted at appropriate levels on policy and programmes that affect
rural areas in general and traditional communities in particular;
·
Complement
and support the work of government at all levels;
·
Form
cooperative relations and partnerships with government at all levels in
development and service delivery;
·
Play
an oversight role on programmes intended to uplift communities; and
·
Ensure
that there are skills development programmes for the institution and the
institution is adequately resourced.
I.
PROGRAMMES OF THE HOUSE
The National House embarked on a number of programmes
in fulfilment of the following strategic goals:
A.
Advancement
of Service Delivery
B.
Custodianship
of cultures, customs, traditions and values
C.
Pro-Active
Communication
D.
Capacity
– A fully capacitated and capable NHTL and Institution
A. Advancement
of Service Delivery
Reconstitution of the
NHTL
The term of
office of the National House of Traditional Leaders’ came to an end on the 21st
May 2007. In terms of the National House of Traditional Leaders Act, 1997 as
amended, a new House had to be reconstituted with the President of the Country
presiding or delegating someone else to preside over the reconstitution. The Minister
of Public Works, Ms Thoko Engela Didiza was delegated by the President to
preside.. The Deputy Judge President Shongwe was delegated by the Judge
President of the High Court to conduct the swearing in of the eighteen members
and the Chairperson and the Deputy Chairperson. The current full time members
of the NHTL were elected into positions. The third National House of
Traditional Leaders was reconstituted on the 22nd of May 2007 in
Operation of the NHTL
The National House of Traditional Leaders functions through
its committees. A lot of money is spent on committee meetings on transport and
accommodation for the members of the National House. The NHTL has tried to
alleviate this problem by clustering members and making sure that all members
are gainfully utilized while in
The committees that are mentioned above does not include
deployment of a member to attend a certain task or function on behalf of the
NHTL. The ad hoc committees of the NHTL at the moment are two viz: Task team on
the leadership question by the President which is composed of three members led
by the deputy chairperson. The second task team dealing with the payments of
grants is composed of five members.
Bearing in mind the amount that cost the NHTL to have a committee
meeting plus the number of adhoc committees then vis a vis the amount given.
The committees that are being discussed are chaired as
follows:
Management Committee Khosi
FP Kutama
Internal Arrangement Committee Morena o Moholo Mota
Constitutional Development Committee Inkosi WT Mavundla
Social Development Committee Hosi
PC Ngove
Land and Agriculture Committee Inkosi Ngomane
Tradition, Custom and Culture Committee gosi GG
Shole
Gender, Youth, Children, Aged and People with Disability Inkosikazi Mgwebi
Committee of Chairpersons Kgosi
PP Maubane
The following
programs were undertaken by various committees:
Program of Committees
The program of the National House of Traditional Leaders has
been drawn and it provides for two weeks for Provincial Business and two weeks
for NHTL business. The first and third week of the month is for the NHTL and
the second and fourth week is for the Provincial business. It is expected that
provinces will utilize the week profitably to include business for the Local
Houses and Traditional Councils. The Committees of the NHTL will on a monthly
and quarterly basis submit a report that will detail their activities and
plans. It is expected that the interaction between provinces and the NHTL
should be structured as per the above program.
Policy Process on the
system of Provincial and Local Government
The Department of Provincial and Local Government developed
a policy process to evaluate and get the actual feelings and positions of
various sectors regarding the Provincial and Local Government. The
Director-General of the DPLG referred the policy review document to the NHTL
for inputs and to submit not later than 31 October 2007. The document was referred to the CDC for
inputs as it relates to the policy review on Provincial and Local Government.
The document deals specifically with
the manner in which Provincial Governments are managed and the reasons for
their existence in terms of nation building and service delivery. The position
of the National House of Traditional Leaders is that the Provincial Government
must be managed much more effectively than they are now instead of being
abolished. Same applies to the system of Local Government where more capacity
must be deployed in order to make the different local government operate much
better.
Rules and Orders of
the NHTL
The new Rules and Orders of the NHTL have been adopted by
the House in December 2007. Members of the House were also workshoped on the
new Rules and Orders
Think Tank
The NHTL has established a “Think Tank”., which is composed
of a body of experts from UNISA, which will assist the National House on
constitutional, cultural matters, etc.
Children’s Act
The NHTL made comments on the Children’ Bill and forwarded
them to Parliament, stating clearly the relevant sections in the Bill that the
House is opposed to. The House further made verbal contributions on the Bill to
the Portfolio Committee in Parliament.
Land owned by
Foreigners
The Department of Land Affairs invited all traditional
leaders of
Human Science Research
Council Bill
The NHTL made inputs on the Bill. It ensured that rural
communities were adequately represented. The inputs by the NHTL were considered
and they were included in the Bill.
Traditional Courts
Bill
The NHTL has actively
participated in the development of the traditional courts Bill. The Department
of Justice and Constitutional Development has involved the NHTL and traditional
leaders on the development of the Bill.
Crime Prevention
The NHTL had a meeting
with the Minister of Safety and Security and he mentioned that it is necessary
to fight crime in rural communities. It was agreed that the Minister will
organize a cluster meeting where the NHTL and other relevant stakeholders will
participate in the crime prevention.
Safety and Security
The NHTL met with the Minister of Safety and Security and
agreed that the NHTL will be invited to make presentations to the Criminal
Justice Cluster on the role of traditional leadership in crime prevention. The
Constitutional Development Committee has met the Provincial delegates and
agreed on the composition of the paper on the role of traditional leaders in
Crime Prevention.
Presidential
Question
During the Opening of the NHTL (Annual Address
by the President to the Traditional Leaders of South Africa) in 2007, the
President asked the question “What is the community expecting of their
leaders”. The NHTL has established a three persons Committee to work on the
question. Furthermore, the subcommittee of Deputy Chairpersons has been
requested to seek an answer to the question. The NHTL has decided that
Provincial Houses of Traditional Leaders should also be consulted in answering
the question raised by the President and thereafter the “ Think tank” that has
been referred to above will also assist the NHTL in answering the question.
Forums of the NHTL
The NHTL and the Provincial Houses of Traditional Leaders
have been established by their own legislation. The National House of
Traditional Leaders Act and the Acts establishing Provincial Houses of
Traditional Leaders does not authorize the NHTL to exercise any powers over
Provincial Houses nor does it indicate the reporting system between the NHTL
and Provincial Houses. As such the NHTL has established a Forum of Internal Arrangement
Committees to look at the welfare of all traditional leaders in the country
including remuneration and benefits. This arrangement will I make it much
easier for the NHTL to consult Provinces through the Internal Arrangement
Forum.
Co-operation with the
Houses (PHTL’s and LHTl’s)
The NHTL has decided to report on the status of traditional
leaders in the country. The ability to report on the status of the Institution
of traditional leadership will depend on Provinces submitting reports to the
NHTL. The leaders of delegations to the NHTL will be required to table their
Provincial quarterly reports to the NHTL in order for the NHTL to produce a
full quarterly and annual report that is reflective of all the Houses of
Traditional Leaders.
Inputs to the
Commission on Remuneration of Public Office Bearers (Moseneke Commission)
The National House of Traditional Leaders together with all
the Provincial Houses developed a document regarding the remuneration of
Traditional Leaders. The inputs or document to the commission was largely based
on the figures received in July from the Eastern Cape Provincial House of
Traditional Leaders. The Houses further determined the tools of trade for all
the categories of Traditional Leadership and for the different positions of the
Houses of Traditional Leaders. The submission is attached.
Stakeholder Partnerships
The NHTL has decided to partner
with organizations like PANSALB and Moral Regeneration Movement regarding the
following:
Moral Regeneration Matters
The Moral Regeneration Movement
share programs with the NHTL in terms of regeneration the morals of the people.
The MRM and NHTL are in a stage of negotiating an agreement that will
concretize their operations and will streamline the operations of the two
organizations. The critical program that the two organizations have started to
plan together is the prevention of the spread of HIV and AIDS through the improvement of the behavior of communities under traditional leadership.
Languages
PANSALB and NHTL share the core function of
promoting languages especially the indigenous languages of
Presidential National
Commission on Communication Technology and Information (PNC-ISAD)
The National House negotiated with the Department of
Communications to be included in the Cabinet Cluster and the IGR Forum on ICT.
The Cluster is composed of all the Chairpersons of the Houses of Traditional Leaders
and is expected to provide the needs of ICT in the rural areas. The PNC will
report to the President on proper and accurate information on ICT per province
and the institution of traditional leadership. The Department of Communications
will create the web sites for all the Houses and manage the websites.
HIV and AIDS
The National House of Traditional
Leaders is representing the Institution of Traditional Leadership in the SANAC.
It is represented by three members of NHTL,that is Khosi Kutama who is the
leader of the delegation, Hosi Ngove and Inkosikazi Mhlauli. They sit in the
highest decision making body of SANAC. The NHTL will develop a plan on the
fight against the spread of HIV and AIDS and the plan will be submitted to
SANAC. The plan further requires some skills development to be undertaken on
continuous basis in order to keep up with the latest scientific discovery on
HIV and AIDS. The plan will be implemented by the Social Development Forum.
NHTL and the Health
Policy Initiative (HPI)
The Social Development Committee of NHTL together with the
Social Development Forum arranged training and consultation between individual
provinces on HIV and AIDS related matters in consultation with HPI. Training
was conducted by HPI in all Provincial Houses and the NHTL It was agreed that a Memorandum of
Understanding will be negotiated between the NHTL and HPI. The NHTL is
presently in a process of negotiating the MoU which will lead to the
Development of and HIV and AIDS Plan for the Traditional Leaders.
Commission on
Remuneration
The National House of Traditional Leaders together with all
Houses adopted a report by the Eastern Cape House of Traditional Leaders and
presented it to the commission on the 13th July 2007. The NHTL
together with Provincial Houses are engaging the consultant appointed by the
Commission for the determination of the actual tools of trade for the
Institution of Traditional Leaders.
Poverty Alleviation
The NHTL is participating
in the poverty alleviation programs through the Gender Committee of the House,
which was established after the reconstitution of the House in May 2007.The
committee will work together with the Department of Social Development in
ensuring that women play a role in the community building and poverty
alleviation.
Continental House of Traditional Leaders
The Chairpersons of
Houses of Traditional Leaders in theADC region concluded the establishment
protocol of this House. There are still countries which have not yet signed the
establishment protocol, that is
STRATEGIC GOAL 02: CUSTODIANSHIP
OF CULTURE, CUSTOMS, TRADITION AND VALUES
Preservation of culture, indigenous knowledge, languages etc
The NHTL together with the Deputy
President has conducted public outreach where one of the key aspect was to
promote the usage of indigenous languages. Furthermore, the NHTL is in
negotiation with the PANSLB to cooperate on promotion and preservation of
indigenous languages. The NHTL has further engaged with the South African
National Heritage Agency to structure a working relationship which will see a
number of our traditional heritage sites being declared provincial or national
heritage sites.
A FULLY CAPACITATED AND
CAPABLE NHTL & INSTITUTION
Skills Development
Program
The working relationship with LGSETA is starting to bear
fruits as the first two training manuals were launched. The training as
prioritized by traditional leaders themselves includes the first two training
programs as Community Development and Local Economic Development. The two
training programs will be conducted by LGSETA in 2008. The LGSETA has agreed
with Provincial Government on depositing an amount that will be used to build
capacity to the traditional leaders in those provinces. Only accredited service
providers will be used to capacitate traditional leaders.
NPA Training on Domestic
Violence
The NHTL through its second phase training provided by NPA
has managed to train traditional leaders to be facilitators. The traditional
leaders who has been trained on level 2, facilitate learning using a variety of
methodologies, will be able to conduct training or facilitate training to those
traditional leaders who were not trained.
The
Staff Development
The Staff members of the NHTL have undergone a number of
training sessions offered by the DPLG on minutes and reports writing, Project Management
etc. Fully capacitated staff members will be better positioned to assist the
Institution of Traditional Leaders especially the NHTL in taking its mandate
forward.
Furthermore, some staff members (committee section and sergeant
at arms) were seconded to the Mpumalanga Legislature with the intention of
understanding the operation of the legislature committees.
PROACTIVE
COMMUNICATION
Outreach Programs
Social Development
Month in
The aim of the program was to avail government to the deep
rural traditional communities and that government services are brought closer
to the people.. The key issues that necessitated the program are the following:
·
Culture as a source of employment
through cultural tourism
In almost all the engagements with
the Deputy President, she has indicated that Traditional Leaders are the
custodians of culture. Being the custodian of culture they have to be seen as
promoting the culture and ensuring that it is marketed throughout the country
and abroad. Critical in this regard is the revival of cultural life and
marrying it with the Present technological challenges of our rural people. The
promotion and encouragement of cultures that promote humanity and sound behavior
is critical to the revival of
·
Consider the services rendered by
Government on Social services (SASSA)
The Department of Social Development
through SASSA is providing various grants that will improve the lives of the
poorest of the poor in
·
Self development skills (Local
Economic Development)
People will be encouraged to
establish social clubs that will improve their lives. This will help people to
share experiences and organize capacity building programs. It will further
ensure that people do not engage in alcohol or any other intoxicating
substances that will destroy their lives.
The social clubs will ensure that people start to think as a community
and help each other in a form of ilima/letsima. Their cooperation and working
together will ensure that the local economy grows and that people realize that
poverty only needs people to fight it direct through using what they have.
·
Scourge of HIV and AIDS and other
sexually transmitted Infections
The Government of South Africa has
established a strong body that complements the work done by the Department of
Health and Social Development. This structure is called SANAC and traditional
Leaders are sitting or are members of the said structure. The plan of
traditional Leaders includes amongst others encouraging abstinence from sexual
activities until a person has reached a stage where he or she can marry. This
is in line with the culture of Africans of not engaging in Sexual Activities
before marriage.
·
Education (focusing more on
mathematics and Science)
Traditional Leaders are aware that
Education is the only mechanism to compete in the Global village. Therefore,
youth must be encouraged to take subjects such as Mathematics and Science in
order to improve and close the gap of lack of
engineers etc in
Qwaqwa Outreach
Program
Traditional Launch of the sixteen days of Activism against
abuse of Women and Children.
This program’s intention is to promote the role of
traditional leaders in condemning violence against women and children. In the
process the program addressed a number of aspects such as language, morality,
government programs etc.
International Visits
|
N0 |
Purpose of the Trip |
Achievements |
Delegation |
Date of the trip |
|
01 |
Attended the Pan African Festival and Conference in |
Three different gatherings were addressed by the
Chairperson of the NHTL. |
Khosi FP Kutama Mr. RS Khandlhela (Provincial delegates were part of the
trip) |
July to August 2007 |
|
02 |
Attended the Black Business Forum in |
NHTL networked and participated actively in commissions. |
Kgosi PP Maubane Adv. M. Tshabalala |
August 2007 |
|
03 |
Attended the SADC-KHOTLA meeting in |
Zambian traditional Leaders assented to the establishment
protocol |
Khosi FP Kutama Kgosi PP Maubane Mr. AM Sithole Adv. M. Tshabalala |
November 2007 |
The following people visited the National House in 2007/
2008:
Ur Khemensy visited the NHTL in 2007 from
Prince Emmanuel Ben
Yehuda visited the
National House. He is the spokesperson and member of Council for the African
Hebrew Israelites of Jerusalem. The purpose of the meeting was to discuss and
share information with the House on organic agriculture, regenerative health
and nutrition and moral regeneration.
Progress report on
programs of the NHTL
|
PROGRAMME |
Objective |
Progress made/milestone/performance
indicator |
|
·
Preservation and promotion of African traditions, customs
and culture |
·
To protect and promote African myths, legends, music,
dance, beliefs and convictions, dress, marriages, religion, etc. (traditions,
culture and customs). |
·
Workshops and meetings were attended where people were
encouraged to protect their cultures. |
|
·
Protection and promotion of Indigenous African languages |
·
To protect and promote indigenous African languages and
ensure the revival of marginalized languages. |
·
The NHTL will be addressing a multilingual conference in March on indigenous
languages |
|
·
Assist in resolving land problems and creating
opportunities for local economic development to eradicate poverty. |
·
To assist in the resolve of land claims disputes,
allocation of land for settlement and business establishments as well as
create capacity and awareness for agricultural development |
·
A meeting was held with Officials of Land Claims
Commission a meeting where all Provincial Commissioners and Mr. Gwanya is in
the process of being arranged. |
|
·
4. Moral regeneration and promotion of the principle of
Ubuntu |
·
To revive morals among the youth, old, male and female
alike within communities through traditional activities and performance of
ritual rites. |
·
The draft MoU is being discussed with MRM in this regard.
The NHTL |
|
·
Facilitate the development of
sound justice system for traditional leaders and provide support for
law enforcement agencies |
·
To discuss the drafting of the
constitutional bills, working together with the Master’s of Court in dealing
with management of Estates, ·
Provide law enforcement agencies
with information regarding law breakers within communities. |
·
A meeting with the Minister of
Safety was held where a date to address the Justice Cluster is awaited. |
|
·
Capacity building programme for
traditional leaders and sound NHTL administration |
·
To develop and enhance capacity building totraditional
leaders and NHTL staff to ensure the realization of all organizational goals
and objectives. |
·
A discussion with SAMDI is underway to propel a capacity
building process. |
|
·
Ensuring good governance and creating support for, and
promotion of democracy by using traditional concepts |
·
To create, enhance and promote good governance and
democratic ethos within communities. |
·
No sound progress made |
|
·
Establishment of SADC House of Traditional Leaders and the
AU House of Traditional Leaders |
·
To establish a regional and continental African Houses of
traditional leaders. |
·
The establishment Protocol has been signed by six
countries of the eleven countries that have traditional leaders. Others are
still being persuaded. |
|
·
Establishment of a permanent Parliamentary chamber |
·
To obtain a parliamentary chamber in the National
Parliament to host the NHTL’ activities and functions, thereby minimizing the
costs. |
·
The Speaker of Parliament has undertaken to provide the
House with a chamber and offices in 2008. in |
|
·
Protection and promotion of human rights including women and children’
rights and promotion of gender equality |
·
To ensure respect, protection and promotion of the rights
of people (women, children and people with disabilities) by upholding and
safeguarding the constitution and ensure redress of gender imbalances. |
·
The establishment of the Gender Committee is a sign of the
NHTL seriousness on the matter. The committee has drawn its plan and it will
start to deliver. Provincial Support is required in this regard. |
|
·
Strengthen the Traditional Courts operation |
·
To actively participate in the drafting of a legislation
aimed at making traditional courts to operate better |
·
The CDC Forum is actively participating in the development
of the Bill. |
|
·
Fight Crime in rural areas |
·
To form partnership with crime prevention agencies of |
·
The cluster meeting will put the institution as part of
the CJS. |
|
·
Leadership Requirements |
·
To investigate and report to the President on what the
community is expecting from their leaders |
·
Deputy Chairpersons are working on the matter |
|
·
Participation in the
rehabilitation of inmates |
·
To contribute in the rehabilitation process of inmates |
·
The CDC has addressed a number of gatherings including Child Justice
on the matter NICRO will be consulted in this matter to assist. |
|
·
Develop a monitoring and evaluation tool for programs by |
·
Develop a Framework document on monitoring the development programs ·
Conduct oversight roles on all programs ·
Conduct workshops and motivation for spouses of Traditional. Leaders ·
Develop a monitoring tool |
·
The Gender Committee together with Social Development committee will
be finalizing a monitoring tool to assist in ensuring that Spouses are taken
on board in this matter. |
Opening of the NHTL
The President has allocated the 22nd of February
2008, in
Program of Action 2007-8
The NHTL adopted the below mentioned program which is
informed by the 2005 October PCC meeting, the engagement with the President,
the engagement with Cabinet and the engagement with Deputy President.
Provincial Houses are expected to implement the program
because consultation with the Houses was done in the previous years regarding
the program mentioned hereunder.
|
NO |
Program |
Objective |
Expected Outcome |
|
|
|
01 |
Women Indaba (Conference) |
Promotion
of participation of Women in Rural Development |
Empower Women,
Youth and People with Disabilities |
|
|
|
02 |
|
||||
|
Promotion
of Cultural Tourism (through Music, Art, Dance and any traditional method) |
To
promote culture as a source of improving morality and bringing about
development |
Promotion
of Cultural diversity and its importance in Moral regeneration |
|
||
|
Promotion
of diverse languages and services rendered by Government |
To
promote the languages of |
Improved
usage and development of the Northern Cape Languages. Avail
Government primary services to the people of |
|
||
|
Executive
Committee Lekgotla (Conference) |
Re-view
all the work and legislation governing the institution of traditional leaders
(policy Lekgotla) |
To set a
program for the Institution of traditional leaders |
|
||
|
|
Breakfast
meeting with Rural Women |
To
monitor progress and encourage women to forge relationship and partnerships
in women and Children Abuse |
Encourage
communication on women development |
|
|
|
03 |
Organogram |
Proper
organizational Structure of the National House |
Proper
staffing of the NHTL to be able to render professional support services to
the institution of traditional leadership |
|
|
|
04 |
Exchange / Attachment Program |
Acquire
capacity by learning from the already established organizations like
Parliament and or Legislatures |
Better
service delivery and perfomance |
|
|
|
05 |
Capacity building of various needs of members of
the House and the entire Institution of traditional leadership |
Proper
capacitated Institution of Traditional Leadership |
Empower
members of the Houses and the entire Institution about the various pieces of
Legislation and their responsibilities towards the operations of the
Traditional Council |
|
|
|
06 |
Unifying traditional Leaders of South Africa |
Providing
accurate feedback mechanism to provincial and local houses |
Proper
information sharing and sound reporting mechanism that will reflect the
institution of traditional leadership as a whole |
|
|
|
07 |
Restoring and upholding dignity, pride and culture
of Traditional Leadership |
Repositioning
of culture as a source of improvement of behaviors |
|
|
|
|
08 |
SADC-KHOTLA |
Launch of
the Regional House |
The
Regional House to start to influence regional and Continental political and
other structures |
|
|
|
09 |
Promoting the role of Traditional Leadership
Structures in Governance |
Traditional
Leadership actively participating in all relevant programs of government like
development and planning. |
Influence
government programs throughout the different spheres. |
|
|
|
|||||
Conclusion
The NHTL believe that the institution will be more effective
once the new department that has just been approved by Cabinet will start to
operate. The Portfolio Committee is urged to adopt this report.
__________________
KHOSI FP KUTAMA
CHAIRPERSON: NHTL