Traditional affairs

Introduction
Traditional leadership
Traditional councils
National House of Traditional Leaders
Commission on Traditional Leadership Disputes and Claims

 

 

Introduction

The Department of Traditional Affairs is mandated to oversee issues related to traditional affairs and support the development of stable and cohesive interfaith communities. The 2003 White Paper on Traditional Leadership and Governance sets out a national framework, and the norms and standards that define the role of the institutions of traditional leadership in South Africa. It seeks to support and transform the institutions in accordance with constitutional imperatives and restore the integrity and legitimacy of traditional leadership in line with the African indigenous law and customs subject to the Constitution. 

Over the medium term, the department will focus on enhancing
the functionality of traditional leadership institutions, improving the
participation of traditional leaders in socioeconomic development, and
ensuring that customary initiation is practised safely, as guided by the
Customary Initiation Act of 2021.

To limit the impact of Cabinet-approved reductions to the department’s budget amounting to R44.4 million over the medium term, it plans to reprioritise funds from the discontinued project to document customary laws of succession and genealogies at levels below kingship/queenship. This will be done in favour of funding projects aimed at implementing the Traditional and Khoi-San Leadership Act of 2019.

Accordingly, total expenditure is expected to increase nominally, at an average annual rate of 1.8 per cent, from R193.1 million in 2023/24 to R204 million in 2026/27. Spending on compensation of employees accounts for an estimated 53.1 per cent (R316.9 million) of total expenditure, increasing at an average annual rate of 4.3 per cent, from R97.2 million in 2023/24 to R110.3 million in 2026/27.

An estimated 24.5 per cent (R143.3 million) of total spending is earmarked for transfers and subsidies, mainly for the operations of the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities. Spending on transfers and subsidies is expected to increase at an average annual rate of 1.8 per cent, from R47.3 million in 2023/24 to R49.9 million in 2026/27.

Enhancing the functionality of traditional leadership institutions

The Traditional and Khoi-San Leadership Act of 2019 came into effect on 1 April 2021 to, among other things, enable the reconstitution of traditional leadership structures and the recognition of Khoi-San communities and leaders. However, in May 2023, the Constitutional Court declared the act invalid and suspended the order for 24 months to enable Parliament to re-enact the statute in a manner consistent with the Constitution or to pass another statute.

In line with this order, the department has prepared a new bill, which it plans to introduce in Parliament in 2024/25. Other planned work over the medium term to ensure the functionality of traditional leadership institutions includes legally constituting traditional leadership structures, such as the Bapedi Kingship Council and traditional council at the level of senior traditional leaders, and inducting council members in the Barolong Boo Seleka and Moletsi traditional councils, among other things.

These activities are funded through the Research, Policy and Legislation programme, which accounts for an estimated 16.4 per cent (R93.2 million) of the department’s spending over the MTEF period.

Improving the participation of traditional leaders in socioeconomic development

Over the period ahead, in line with the provisions of the draft handbook for traditional and Khoi-San leaders, eight provincial houses of traditional and Khoi-San leaders will be provided with the necessary equipment, such as computers, data and cellphones, to ensure that they perform their functions effectively.

Over the period ahead, the department aims to coordinate the participation of 4 houses of traditional and Khoi-San leaders in the OR Tambo, Alfred Nzo, Ugu and Harry Gwala regions. This will be done as part of the Eastern Seaboard development initiative of the district development model, which aims to connect developmental opportunities across these four regions in KwaZulu-Natal and Eastern Cape.

The department also plans to monitor the implementation of social labour plans in 10 traditional mining communities. These activities are expected to drive expenditure in the Institutional Support and Coordination programme. Spending in the programme is set to increase at an average annual rate of 1.6 per cent, from R94.7 million
in 2023/24 to R99.2 million in 2026/27.

Safe initiation practices

The Customary Initiation Act of 2021 came into effect in September 2021 to regulate customary initiation. Since then, the department has established statutory structures at both the national and provincial levels to ensure that customary initiations in all provinces are conducted in safe and regulated environments.

Over the next three years, the department plans to close 30 per cent of illegal customary initiation schools in provinces with provincial initiation coordinating committees. Funding for this is made available in the Research, Policy and Legislation programme, in which expenditure is expected to increase from R30 million in 2024/25 to R32.3 million in 2026/27.

Legislation

The department’s mandate is informed by the following legislation:

Entity

Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities

The Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities was established in terms of Section 181(1)(c) of the Constitution to protect and promote the rights of cultural, religious and linguistic communities, and to strengthen constitutional democracy. The commission’s core functions include research, conflict resolution and public education on the rights of cultural, religious and linguistic communities.

Over the next three years, the commission will focus on increasing engagements with communities to raise awareness on cultural, religious and linguistic rights from 30 in 2023/24 to 45 in 2026/27. This, alongside strengthening capacity for public engagement and education, is expected to lead to impactful programmes that promote peace, friendship, humanity and tolerance based on the African value of ubuntu, thereby encouraging national unity and building social cohesion.

These activities are funded through the entity’s Public education and information programme, which accounts for an estimated 11.3 per cent (R15.8 million) of the entity’s expenditure over the medium term. Spending on compensation of employees accounts for an estimated 69.9% (R103.7 million) of total expenditure over the MTEF period. The commission expects to derive 98.3 per cent (R143.3 million) of its revenue over the period ahead through transfers from the department.

Despite Cabinet-approved reductions to departmental transfers, expenditure is expected to increase at an average annual rate of 2.4 per cent, from R47.4 million in 2023/24 to R50.9 million in 2026/27. The commission plans to use retained earnings to limit the impact of budget reductions on service delivery.

Traditional leadership

The Constitution states that the institution, status and roles of traditional leadership, according to customary law, are recognised. Government acknowledges the critical role of traditional leadership institutions in South Africa’s constitutional democracy and in communities, particularly in relation to the Rural Development Strategy. It, therefore, remains committed to strengthening the institution of traditional leadership. To this end, numerous pieces of legislation have been passed and various programmes implemented to ensure that traditional leadership makes an important contribution to the development of society.

The department is also working on a range of issues, including policies on unity and diversity, initiation, traditional healing, traditional leaders’ protocol, family trees, the remuneration and benefits of traditional leaders based on uniform norms and standards, and involving the Khoisan people in the system of governance in South Africa. Parliament extended the term of the Commission of Traditional Leadership Disputes and Claims from 2016 to 2020 – to allow the commission time to finalise outstanding disputes and claims, and deal with the 320 traditional leadership disputes and claims per year that were envisaged.

Traditional councils

Legislation has transformed the composition of traditional councils to provide for elements of democracy. It states that 40% of members must be elected and that one third of members must be women. Legislation has also opened up an opportunity for municipalities and traditional councils to achieve cooperative governance. Traditional councils have been given a strong voice in development matters and may now enter into partnerships and service-delivery agreements with government in all spheres. The National Khoisan Council aims to unite the Khoisan communities and create a platform through which they can raise issues affecting them as a group of communities. The most important issue is the statutory recognition and inclusion of the Khoisan people in formal government structures.

National House of Traditional Leaders

The Constitution mandates the establishment of houses of traditional leaders by means of either provincial or national legislation. The NHTL was established in terms of the then National House of Traditional Leaders Act, 1997 (Act 10 of 1997). Its objectives and functions are to promote the role of traditional leadership within a democratic constitutional dispensation, enhance unity and understanding among traditional communities and advise national government.

Provincial houses of traditional leaders were established in all six provinces that have traditional leaders. The national and provincial houses of traditional leaders enhance the cooperative relationships within national and provincial government, while the establishment of local houses of traditional leaders deepens and cements the
relationship between municipalities and traditional leaders on
customary law and development initiatives.

It was established to:

  • represent traditional leadership and their communities;
  • advance the aspirations of the traditional leadership and their communities at national level;
  • advance the plight of provincial houses of traditional leaders, traditional leadership and their communities at national government level;
  • articipate in international matters that have to do with custom, traditions and matters of common interest; and
  • influence government legislative processes at national level.

Commission on Traditional Leadership Disputes and Claims

The commission was established in terms of the Traditional Leadership and Governance Framework Act, (Act 41 of 2003). It is tasked with restoring the dignity of traditional leaders and their communities by investigating and ensuring that the institution of traditional leadership is restored to where it belongs. It also investigates all claims to any position of traditional leadership (king/queen/principal/senior traditional leader, and headmen and headwomen), including disputes over the boundaries of traditional councils.

Section 25 of the Traditional Leadership and Governance Framework Act of 2003 requires that the commission investigate and make recommendations on cases where there is doubt as to whether a kingship, principal traditional leadership or senior traditional leadership and headmanship was established in accordance with customary law and customs.

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