The purpose of establishing the Commission on Traditional Leadership Disputes and Claims ('the Commission') is primarily to restore the dignity and integrity of traditional leaders and traditional communities, as well as the entire institution of traditional leadership in South Africa.
Announcing the commission to the media today, the acting Minister for Cooperative Governance and Traditional Affairs, Nathi Mthethwa, said that traditional leadership institutions play a critical role in South Africa's Constitutional democracy and are at the core of South Africa's success as a nation in achieving the country's developmental objectives, particularly in so far as they apply to our rural development strategy.
Established in terms of the Traditional Leadership and Governance Framework Act, 2003 (Act 41 of 2003), the current commission is the successor in-law of the previous commission, which was popularly known as the 'Nhlapo' Commission, and is intended to handle all claims and disputes lodged with the previous commission.
The commission is composed of five full time members who have been appointed after the ministry considered their experience, skills and knowledge in the affairs of traditional leadership; and will report to the Cooperative Governance and Traditional Affairs (CoGTA) Minister on a quarterly basis.
Appointed for a period of five years from 1 January 2011, the commission has already reviewed 800 of the total 1 322 claims and disputes lodged to the 'Nhlapo' Commission.The cut-off date for lodging claims was 30 August 2010; however any new claims that are lodged after this date will have to be lodged with the offices of provincial Premiers.
Unlike its predecessor, this Commission does not have decision-making powers but can only make recommendations to the President of the Republic through the Minister for Cooperative Governance and Traditional Affairs on matters in relation to kingships. However, on matters in relation to other levels of traditional leadership below kingship, recommendations will be made to Premiers.
The commission has already reviewed and analysed all claims and disputes from KwaZulu-Natal; Mpumalanga; Western Cape; Free State; Eastern Cape; the Northern Cape and Gauteng. In the Western Cape the commission went further and held meetings and public hearings where claimants presented their claims.
The report out of this process will be handed over to the President of the Republic of South Africa, the Minister for Cooperative Governance and Traditional Affairs and the Premier of the Western Cape province. The remaining two provinces, Limpopo and the North West, will be completed by mid May 2011.
Part of the mandate of the new commission is that it must resolve all claims and disputes within five years and must have an operational plan which will act as a performance agreement with the CoGTA Minister. To assist Commissioners in achieving this goal, Premiers in all provinces except the Western Cape, Northern Cape, Free State and Gauteng will appoint Provincial Committees that will work with the commission. In the four provinces referred to, the commission will deal directly will claimants because of the smaller size of claims and disputes, compared to the rest of the country.
Government is confident that the commission will settle all disputes and claims, and will leave a legacy on dispute resolution in the country.
Enquiries:
Vuyelwa Qinga
Cell: 082 877 3898
Tel: 012 334 0993
Source: Department of Cooperative Governance and Traditional Affairs
Minister Mthethwa announces new Commission on Traditional Leadership Disputes and Claims
