NATIONAL HOUSE OF TRADITIONAL LEADERS

1. CHAIRPERSON’S STATEMENT
In tabling the Annual Report on behalf of the National House of Traditional Leaders I should like to share some information on important issues that are having an impact on traditional leadership and challenges which face this institution.

Much has happened since our country attained democracy in 1994. We have experienced the second successful democratic elections in the country. We have also witnessed the inauguration of the second President of the democratic Republic of South Africa, his Excellency President Thabo Mbeki. I would like as well to take this opportunity to congratulate him for that wonderful privilege.

We have noted the approach of our new President on issues related to traditional leadership. He is keen, as far as I am concerned to involve and put issues of Traditional Leadership at centre stage of government. We are also realising that the President is placing issues of traditional leadership on the Agenda of his integrated approach towards development. We are also inspired by the President's initiative of the African Renaissance. However, we feel that Traditional Leaders should have an important role to play in the process of making the principle of African Renaissance a reality. We further believe that African Renaissance should be based on the African norms and values found only on the institution of traditional leadership.
We have also observed the change of Ministry responsible for the National House. We have already met with Minister Mufamadi, to us he seems to be having a clear understanding of the role Traditional Leaders should play. However, there is a dire need to speed up the process of defining and acknowledging the role of Traditional Leaders and institution of traditional leadership.

I also want to point out that we appreciated the idea as advocated by the State President that matters of the National House will be transferred to his office and we feel that our affairs would be best addressed in the Presidents office than any other Department.

The report I hereby table to the Portfolio Committee on Local Government discusses the activities of the National House of Traditional Leaders from 1 April 1999 - 29 February 2000 according to areas of focus.

It will also highlight the challenges facing National and Provincial Houses as well as Traditional Leaders and their Communities in the development of the historically marginalised institution of traditional leadership. However, the challenges facing traditional leadership institution cannot be divorced wholly from challenges facing the country in its totality. Our main role is to contribute and assist the government in developing rural areas, in particular. The challenge for us is to try hard to interact with the government on issues of rural local government and other national issues. That the government is realising that we had a role and still have a role to play in the democratic South Africa, we must now find space to contribute to the development of our rural people.

However, it will not be an easy task to try and change attitude and negative perception towards traditional leadership institution and to obtain respect and fair recognition of the institution in all domains of society. The challenge to instill a sense of pride in our institution should not be seen as a sole responsibility of this House, but just as part of a process of social transformation that will subsequently foster the national unity and consolidate democracy in our beloved country, South Africa.

The National House of Traditional Leaders would also like to take this opportunity to appeal to the committee for a bigger slice of the cake. The voted amount of 1(3, 306 million is not sufficient for the work which the House will want to involve in. The House intends in embarking on an intensive research that will make in depth input into the White Paper Process on Traditional leaders which is unfolding. The House will also continue co-ordinating the activities of other Provincial Houses of Traditional Leaders. As we all know that the Traditional Leadership Institution is where a lot of Africanism is invested and as our country is leading the process of African Renaissance through our President his Excellency Mr Thabo Mbeki, we feel that the National House of Traditional Leaders should play a pivotal role in the information dissemination in this regard. Obviously this will necessitate exposure visits to other African states. Our focus inter-alia is to grow the institution of traditional leadership globally while we transform it to suit the new approaches of the modern times. Our submission in this regard is indeed in line with the theory that 'when the rate of change inside exceeds the rate of change outside, the end is in sight.

The National House is poised to play a very critical role in the forthcoming 5nancial year on the issue of MV/ADS especially in rural areas. We will be involved with other stakeholders in information dissemination. It is as a result of this background that we plead for more allocation. The National House should also facilitate workshops on capacity building for Traditional Leaders in general. The National House should also be seen assisting directly in developing economic nods and infrastructures in the rural areas and identify resources within the environment of our people. This will in turn help to discourage migration of rural people to the cities. Today Amakhosi can collectively debate burning issues in line with the Constitution.

In conclusion, I would like to frankly thank all members of the National House, my colleagues, and staff for the tremendous efforts, commitment, assistance and support they have given me as the present Leader of the House, and for all hard work they have exercised to see the House achieving its objectives and vision. To serve in the National House of Traditional Leaden both as a member and its chairperson has helped to increase my love for the institution as well as my anxiety to work with Traditional Leaders.

Finally, but not least I should on behalf of the National House thank the chairperson and all members of the Local Government Portfolio Committee Air the hearty reception they have given us and indeed for the kind guidance they offered towards the compilation of this Annual Report. Honourable Chairperson, Sir, I wish you and the entire committee a fruitful year. Your co-operation and assistance to the National House and the institution at large will always be highly esteemed.

Inkosi Mpiyezintombi B. Mzimela Chairperson: National House of Traditional Leaders March 2OOO.

2. VISION AND MISSION STATEMENT

VISION STATEMENT
"To become an autonomous, dynamic, non-sexist, and progressive institution unifying the Traditional Leaders of South Africa, towards the restoration of dignity and pride in the institution of Traditional Leadership and its role in promoting the welfare of the people in a new world of democracy".

MISSION STATEMENT
"To work pro-actively and effectively to plan, integrate and co-ordinate the activities and programmes of its institutional structures and communities, guided by the principles of accountability, assertiveness and transparency"

As adopted on the 11 June 1999

3. STRUCTURE OF THE NATlONAL HOUSE OF TRADITIONAL

In accordance with the Rules and Orders of the National House the following committees are in existence, viz.:
3.1 Committee of the House
3.1.1 Management Committee
This Committee consists of six (6) members of the National House. Both its Chairperson and his Deputy arc elected from the members of the National House. It is chaired by the chairperson of the National House and its members are:
· Inkosi M.B. Mzimela-Chairperson
· Morena M.F. Mopeli-Deputy Chairperson
· Nicosi M.N. Matanzima
· Kgoshi M.N. Malekane
· Inkosi M.M Khumalo
· Kgosi P. Maubane

The Management Committee is responsible for the following:

· Monitoring the general functions of the National House.
· Oversee the administrative component of the National House.
· Formulate strategies for proper functioning of the National House.
· Interact relations between traditional leaders and civic structures.
· Facilitate and manage dispute resolution mechanism.
· Compile and present a report to the National House.
This Committee met 21 times.
3.1.2 Rules Committee:
Composition:
This Committee consists of six (6) members from the members of the National House and its members are:

· Morena M.F. Mopeli-Chairperson.
· Inkosi M.B. Mzimela
· Prince P. Kakudi
· Inkosi M.M. Khumalo.
· Kgcsi P.P. Ms---ne -alternate member.
· Hosi M. Ntsanwisi

Function
· Advise the National House on its Rules of Procedure
· Attend to the development and the upgrading of the National House Rules of Procedures
· Attend to the sitting arrangements during the National House sittings.
· Attend and address the National House's rules of debate, rights of members to speak, nature and notices of motions, and how to deal with motion notices.

This Committee met 3 times.

3.1.3 Business Committee:
This Committee is made up of Chairpersons of all Committees and is chaired by the Deputy Chairperson of the National House. This Committee is responsible for the order paper of the full sitting of the National House.

3.1.4 Constitutional Development Committee
This Committee consists of six (6) members and its members are:

· Nkosi M.N.Matanzima -Chairperson
· Inkosi W.T Mavundla
· lngweyama N.C Mahlangu Mayitjha III
· Kgosi M.N. Malekane
· Kgosigadi Moroka
· Kgosi P. Maubane

Functions
· Establish a working relationship with the Parliamentary Portfolio Committee on Provincial and Local Government.
· Establish working relations with the select Committee on Constitutional Development in the National Council of Provinces.

The Committee also strives for the following:

· To clearly define the jurisdiction and powers of the traditional courts.
· Establish an interface between the traditional courts and the western courts.
· Capacity building on traditional leaders for the administration of justice, both criminal and civil and in conformity with the Constitution.
· Making inputs in the legislative process.
· Proactively contributing by making representations to Parliament on behalf of traditional communities.
· Make representation to the South Africa law Commission on behalf of traditional c6rmnunities and on matters in the western legal system which affect traditional communities.
· Facilitate the process of access to the Land Reform Commission.
· Compile and present a report to the National House.

This Committee met 5 times.

3.1.5 Social Development Committee Composition
The Committee consists of six (6) members from the members of the National House and its members are:

· Kgosi A G C Moroka - Acting Chairperson
· Inkosi S.S. Kunene
· Ingwenyama E.M. Mabhena
· Hosi M. Ntsanwisi
· Kgosi P. Maubane
· Prince Z.S.Makaula

Functions:
· Devise strategies for the improvement and continuation of the welfare services to people in rural areas.
· Inter-act with the Department of Health and Welfare to facilitate programmes for health and social services to rural people.
· Attend and advice the National House about the welfare and social services policies.
· Compile and present a report to the National House.

This Committee met 4 times.
3.1.6 Traditions, Culture and Customs Committee
The Committee consists of six (6) members from the members of the National House and its members are:

· Ingwenyama Mabhena- Chairperson
· Prince Z. Makaula
· Hosi D.E. Mulaudzi
· Kgosi P. Maubane
· Morena J.K. Tsotetsi
· Inkosi S.S. Kunene

Functions:
· Attend and promote multi-culturalism amongst various communities.
· Inter-act with NGO's, interest groups, and cultural organisations with a view of developing and promoting respective tolerance.
· Inter-act with Government in an effort to address traditional and cultural matters.
· Recommend and present a report to the National House on customary matters.

This Committee met 3 times.
3.1.7 Internal Arrangement Committee
Composition
This Committee consists of six (6) members from the members of the National House and its members are:
· Hosi D.E. Mulaudzi - Chairperson
· Inkosi S. Kunene
· Ingwenyarna Mayisha II
· Prince Kakudi
· Kgosi P. Maubane
· Morena J. Tsotetsi

Functions:
· Oversee the welfare of the members of the National House.
· Attend to issues related to the office accommodation of the National
House.
· Address matters related to membership of the National House by
interacting with respective provincial of Traditional Leaden.
· Attend to matters referred to it by the National House.
· Attend to the administrative matters of the National House.
· Compile and present a report to the House.

This Committee met 4 times.
3.2. STAFFING
On the 25^th of January 1999 the National House of Traditional Leaders appointed Mr Louis Molubi as permanent Secretary of the House in terms of the Act. Also in order to augment the staff of the National House, Ms Nompumelelo Nkosi was appointed as a typist. The House has also identified the need of increasing its personnel and also of upgrading the level of its secretary. The National House should have now employed the services of a Chief Planner, but all candidates who were interviewed and recommended turned down the offer after it became clear that the offer is strictly on a contract basis. Most of the applicants were public servants who are on flail time employment. This contractual employment of personnel at the National House has created a problem for the House because it is unable to attract experienced people and this has a detrimental effect to the functioning of the House. The current staff of two people is not just enough to carry with the load of work of the big organisation like the National House. The Secretary (CEO) and the Secretary (Typist) are overloaded with work. The remuneration of the personnel at the National House is also not attractive enough, hence the posts cannot be filled. These issues are being discussed with the Department. It will also be encouraging if the committee could also assist in this regard.

4. ACTIVITIES OF THE NATIONAL HOUSE OVER IRE PAST YEAR (FlNANCIAL YEAR)

4.1. The Mandate of the National House of Traditional Leaders
As contained in the establishing Act, the mandate of the National House is inter-alia to:
a) Promote the role of traditional Leadership within a democratic Constitutional Dispensation.
b) Enhance unity and understanding among traditional Communities
c) Enhance co-operation between the House and various Houses with a view of addressing matters of common concern. Over and above these parameters, the National House had to respond to circumstances as they presented themselves on a day to day basis

4.2 Skukuza Conference:
The National House of Traditional Leaders, hosted a meeting of all Traditional Leaders on the 29 and 30 of April 1999, at Skukuza in Mpumalanga. The conference was attended by all Provincial House of Traditional Leaders from six provinces. The raison d'etre of this conference was to create a platform for Traditional Leaders to discuss, among themselves, about issues pertaining to Traditional Leaders and their institution. This august meeting inter-alia discussed issues like the synchronisation of the life span of Provincial House with the National House and the meeting also recommended for the remuneration of Headmen as they are also a category of traditional Leadership.

This conference by its very nature enabled Traditional Leaders to speak honestly and openly about issues affecting them. The success of the conference lies in the fact that Traditional Leaders from Different corners of South Africa, converged in Mpumalanga and began to chart a way for themselves.

The only downside of the conference was that, the three Masters who were scheduled to speak at the conference were unable to make it to the conference.

4.3 Meeting with the Premier's Forum:
The National House met and made a presentation at a Premier's Forum in Sandton, Johannesburg. This meeting and presentation was done on the l2th of March 1999. The National House saw it fit to interact and lobby the Premiers due to their importance and crucial role they play in constitutional matters. The National House also saw the need to meet with this edifice so as impress upon Premiers to speedy the process of synchronising the life span of the National House with that of Provincial Houses.

4.4 Parliamentary Briefings
For the first time, since its inception, the National House' sub-committees managed to do briefings and held meetings with the various Parliamentary Portfolio Committees. The purpose of briefings and presentations of committees was also to establish some structured working relations with relevant portfolio committees and also to establish from those portfolio committees their expectations of the National House.

The following Portfolio Committees were met:
I) Portfolio Committee on Safety and Security.
The meeting took place on the 15th of September 1999. Issues discussed revolved around the future of Tribal police. There will be a continuous interaction between the House and the Committee on this matter.

ii) Portfolio Committee on Provincial and Local Government:
The National House also met with the Portfolio Committee on
Provincial and Local Government. The meeting took place on the
21st of September 1999.


III) Portfolio Committee on Arts, Culture, Science and Technology

The last Portfolio Committee to be met by the National House was the Portfolio Committee on Arts, Culture, Science and Technology on the 17^th of November 1999.

4.5 Mmabatho Conference:
The National House of Traditional Leaders, organised another conference which took place from the 25 to the 26 of November 1999, in Mafikeng. This conference was also attended by all Provincial Houses of Traditional Leaders. The conference was fortunate to have two outstanding personalities, who made presentations on the role and relevance of Traditional Leaders. The speakers at this conference were Professor Herbert Vilakazi of the JEC and Professor Themba Sono of the Free Market Foundation in South Africa. They provided some valuable insight.

4.6 Interaction with other Bodies:
The National House has been actively interacting with other structures in pursuance of matters of common interest. These would include the following:

· The South African Law Commission
· Municipal Demarcation Board
· The Department of Provincial and Local Government
· Various Political Parties: Namely; ANC, UDM, Freedom Front, Federal Alliance, Azapo
· We need to mention here that in our attempt to meet with the DP we were informed by the said Party that it was not necessary for them to meet with Traditional Leaders. We are still in a process of meeting with other Political Parties which we could not meet because of elections.

The House has worked closely with the South African Law Commission in legislation formulation processes with regard to
(a)Traditional Courts
(b)Recognition of Customary marriages
(c)Regulations in respect of Customary marriages

Recognition of customary Marriages Act has already been passed by Parliament and it is hoped that legislation in respect of Traditional Courts would soon serve before Parliament. A process of consultation with the Department of Justice is continuing with regard to finalisation of regulations regarding Customary Marriages.

5. BUDGET:

5.1 How the money was allocated to the House In the last Budget spent and in the new Budget

National House Of Traditional Leaders Comparative Budget and Expenditure.

The following table reflects the comparative and the actual expenditure for the I 998\99 financial year and the forecasted expenditure for the I999\20OO financial year.

* Authorisation was obtained for the savings which would be realised on professional services to be used in part for the purchase of urgently required vehicles for use by the House.

During the forth coming financial year, it is expected of the house to make use of professionals Services especially after the release of the discussion document. As a result one does not anticipate such a saving in future.

5.2 General Comments on the Budget of the National House

The National House Committees met as outlined in the year planner of the House. The department of Provincial and Local Government was responsible for paying travel and subsistence costs to each member attending meetings. Sitting allowances were also paid.

The National House is of the view that it should be directly responsible for the money allocated to them and not the department.

6. THE PROGRAM OF THE HOUSE FOR THE NEXT FINANCIAL YEAR
It is felt that the status of the National House needs to be reviewed with a view to bring about improvements on its practical approach to its mandate and how it should impact on the legislative processes. In this regard the workshop proposed in one meeting with the Portfolio Committee last year would be idea]. The House also proposes that some of its members for now must be fill time functionaries to ensure fulfilment of its mandate.

It is the intention of this institution to influence government and other stakeholders to also find a way of empowering the Traditional Authorities by channelling funds for development to them so as to play the role they have been playing all along. With the intention of the National House in focusing on rural development the institution would like to influence government to view Traditional Authorities as agents which will help in improving conditions of our people.

The National House is gearing itself to own the National Heritage Day. This will be done by organising provincial activities which all culminate in a National Celebration. In this regard the National House will need the support and guidance of the relevant structures of government.

The National House will also be practically involved in the dissemination of information in relation to the HWIADS epidemic especially in rural areas.

The National House is also of the view that it can play a great and constructive role in our rural areas, especially in terms of community and economic development of tribal areas under their nominal jurisdiction. Under the current constitutional provisions, Traditional Leaders are confined only to a conditional and unspecified role in customary law application.

7. NEW POLICIES. PERSPECTIVES AND APPROACHES THAT THE HOUSE
HAS EVOLVED

7.1 Administration of Justice
The House is also engaging the Department of Justice in talks over the conferment of criminal and civil jurisdiction to all Traditional Leaders. This will facilitate the administration of justice and alleviate the workloads of Magistrate's courts in areas under Traditional Leaders. It is common Knowledge that crime and violence overshadows every decision taken towards the advancement of this country in spheres such as economy, education, social stability as well as political stability. We strongly believe that Traditional Leaders can play a meaningful role in CRIME PREVENTION STRATEGY. South Africa's future is in the hands of its people inclusive of Traditional and traditional communities. Time spent on discriminating against and marginalising one another has been a costly distraction. Until this message sinks in everyone's heart and soul every opportunity to improve people's lives in this country is at risk.

7.2 Legislative processes
When the idea of a National House of Traditional Leaders was first mooted in the Constitutional talks) it was agreed that the House would play a rote in the law making processes at national level. This role is defined as reviewal of legislation pertaining to Customary and Traditional Leadership. The National House intends to pursue this role vigorously by interacting with various portfolio committees, making submissions and appearing in public hearings. Plans are afoot to obtain every piece of draft legislation in order to play this legislative role effectively.

It must be emphasised that inputs that the National House will be making on legislation will be informed by inputs from Provincial Houses who in turn will get inputs from their communities through regular public gatherings. This means that participatory democracy will be a reality because an ordinary person in the street will be able to make a contribution in the legislative processes of this country.

We are also persuading the Government to introduce legislation which will make it compulsory for referral of Bills to the National House.
The House would also like to be involved in the activities of each Government Department so as to make a contribution in the development of policy each such department.

7.3 Governance of Tribal Land and the role of Traditional Leaders
The current situation regarding tribal land is confused and consequently holds the possibility of unhappiness and conflict The demarcation process has shown very clearly that the land rights and decision-making mechanisms with respect to tribal areas have not been properly dealt with in the Constitution or in legislation. Objective analysis leads to the conclusion that in order to avoid unnecessary conflict all parties need to start afresh in solving the problem. The following process is suggested:

· That tribal land be excluded from the current demarcation. (The demarcation process is not the cause of the problem, but rather the effect/result of the problem).

· That all parties (government and traditional authorities) stand back from the issue and consider the fundamental question of how tribal land arid the owners of that land ate to be accommodated in the Constitution, legislation and administrative processes of South Africa in the long term.

· The far-reaching consultation and negotiations be instituted without delay to identify and clarify the constitutional, legal, administrative and traditional rights and obligations of the tribes and their traditional authorities and to establish clear administrative systems for the development and management of the tribal areas.

· That no new legislation, regulations, or administrative procedures be
adopted or instituted until this issue has been satisfactorily and fundamentally resolved.

7.4 White Paper process on the role of Traditional Leaders
This is a very important process by the Department of Provincial and Local Government. The National House has made inputs towards this process and it is still going to be actively involved in the process until its finalisation. There is certainly a great and constructive role that traditional leaders can play in terms of community and economic development of rural areas under their jurisdiction. The White Paper process is going at a snail's pace whilst other processes like the establishment of municipalities and demarcation are nearing completion. This is a greed impediment because these other processes affect the role of Traditional Leaders.

7.5 Role of Traditional Leaders in the National Campaign to combat the HIV/AIDS Epidemic
The National House has had a meeting with the National Minister of Health in which we committed ourselves to become partners with the government in the fight against HW/AIDS. The Chairperson of the National House is also a member of the National ADS Council which was recently launched. The role of traditional leaden in the fight against HIVIADS is dissemination of information, discouraging, promiscuity, promoting safe sense and faithfulness. We are also in a process of engaging the department of Health in talks over possibility road show in all Provinces about this scourge.

7.6 Role of Traditional Leaders in Promoting Gender Sensitivity and
Women's Empowerment
The institution of traditional leadership has always been viewed as discriminating against women and this has been true to some extent. We have not had the opportunity to meet with the Gender Commission to discuss this issue. Plans are afoot to hold such a meeting to discuss the concerns of the Commission and to comply with provision of the Constitution. We however recognise that:
(a) Women need to be involved in decision making.
(b) Traditional Leaders have to recognise that women are not homogenous. Women's interests like men vary according to their circumstances.
(c) The need or interests of women have to be discussed as agenda items in any meeting/imbizo.

We can also mention that we also have women members in some of the provincial houses and one is the National House.

7.7 Role of Traditional Leaders in Education/Promotion of Literacy in South Africa
First and foremost it has to be pointed out that inherent in the role and status of traditional leaders as recorded in section 211 and 212 of the Constitution are immense tasks that the traditional leadership has to perform. As custodians of customary law, traditional leaders have a pivotal role of educating those they lead. Mention must be made of the fact traditional leaden are strategically in position to ensure the compliance with section 29(1), (2) and (3) and 4). This section deals with education 55 a fundamental human right for everyone. The traditional leaders are also placed in a good stead of ensuring that the Constitution is observed.

Traditional leaders have a principal role of ensuring that the principles of African Renaissance and ubuntu are entrenched Older and younger members are educated in customs traditions and values of the society. It must be said that Western civilisation has impacted our communities either positively or negatively. Positively our people have been introduced to new empowering customs, however, on the negative side some of our good societal customs and values, as Africans have eroded. Our schools do not educate learners in our history, culture, traditions and customs where they do one finds that our history has been distorted and misconstrued. The misconceptions impeded in the minds of our people have to be removed. Traditional leadership can do this through education.

Another important role of the Traditional Leadership will be to emphasise the role of lifelong education. This lifelong education will have to focus on adult literacy, entrepreneurial and national education. In this new millennium and beyond, this will be needed by both the young and the old Amakhosi, for instance we have an arduous task of ascertaining our people to use their talents and potentialities. Most of our people can make a lot of craft with their hands. Traditional leaders will have to motivate our people to excel in these aspects of life in order to earn a living. Traditional leaden will have to educate and empower those they lead to affirm a positive self esteem which got eroded through the legacy of apartheid. It's unfortunate tat most African have been indoctrinated in understanding that they &e inferior. Panlo Freire, the Brazillian philosopher and educator, referred to this when he said that oppressors merely view people as objects not subjects. Martin Buber was referring to this attitude when he talked about the I - you relationship. The legacy of apartheid promoted this attitude. The traditional leaders see people as subjects, hence they would want them to transform their own lives. They want people to be active participants in their own education. People will have to be empowered to resolve their own conflicts and conduct their own affairs. With the advancement of technology traditional leaders will have to harness expertise and skills that their people need. Tribal authorities will have to invite experts to come and educate people in various skills for life.

Traditional leaders have to assist in the promotion of indigenous languages, e.g. lsizulu, lsiswati, Setswana, Isindebele, etc. This is accordance with section 30-32 of the Constitution.

8. CONCLUSION
Ultimately, the National House of Traditional Leaders in determined to stimulate the empowerment of the traditional communities more particularly women and youth, to recognize both the sentimental and instrumental value of the institution of traditional leadership hence it is the custodian of all cultural values, norms and traditions. We shall join hands in trying to seek situations to the challenges facing our beloved country, South Africa.

Dated in Pretoria on 9 day of March 2000.


Louis Molubi
Secretary
National house of
Traditional Leaders