NATIONAL HOUSE OF TRADITIONAL LEADERS

ANNUAL REPORT 2001/2002

CHAPTER 1

The legislative mandate of the National House of Traditional Leaders is found in the constitution of South Africa and the establishing act of the National House, Act no 10 of 1997.

In terms of its functions and powers/ objects, the National House must:

"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".

 

To work proactively 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".

 

The NHTL’s strategy has been formulated on a clear understanding of promoting the role of the institution of traditional leadership within a democratic constitutional dispensation.

They are summarized here below as follows:

 

Honourable Chairperson, the National House of Traditional Leaders like any other public entity is expected to account to Parliament regarding its activities of the year under review. The report hereby tabled indicates clearly the achievements, challenges and shortcomings of the NHTL. The report will further indicate the position faced by the entire Traditional Leadership Institution in this country.

Honourable Chairperson allow me to begin by indicating to you that despite a number of challenges and shortcomings that we were faced with, we managed to achieve a number of things that are well articulated in our report.

We are aware Honourable Chairperson that there are perceptions created over a period of time that traditional leaders do not want democracy, this statement to us is a myth. Traditional leaders of this country want proper definitions of their roles, functions and powers. We can under no circumstances be reduced to attend funerals, gather firewoods and prepare cultural activities. We feel see this as a direct insult to the institution of Ubukhosi/Bogosi. We are the leaders who actually started this democracy, which politicians claim to be champions of. Traditional leaders call Izimbizo where every citizen has a right to say whatever he/she wishes to say regarding the basic needs of the community. That is true African participatory democracy.

As traditional leaders we have learned the hard way that you don’t need to have everything for you to deliver hence we have achieved amongst others the following:

Achievements

Zimbabwe

I was invited to table a paper on Restoration of Culture and Agricultural Perspective of Rural and Economic Development by the Zimbabwe Reparation Movement.

Mexico

Here, I was invited by the Forum of federations on assessment of Federalism practice in Mexico. I presented a paper on Devolution of Powers, Ethnicity and Multiculturalism in South African experience.

Ghana

The NHTL also undertook a trip to Ghana to establish ties that will lead towards the cooperation of all traditional leaders in Africa.

All these visits were very successful because relationships were created with other traditional leaders across the Globe.

 

Challenges

Though we have mentioned our achievements as the House there are still outstanding issues some of which are 5 years old. We are faced with challenges some impact directly on the government of the day and which if not properly attended to might cause a state of lawlessness which we as traditional leaders do not want to be part of.

 

Conclusion

The National House of Traditional Leaders as a body established by the Act of Parliament believes that its active participation in the development process of the country will make it possible for everyone to see the delivery by the government and yourselves. We remains positive that this year as per the President’s State of the Nation Address, Traditional Leaders will definitely know what their roles, functions and powers are.

We remain positive Honourable Chairperson that traditional leaders will be invited to take part in the compilation of the White Paper. The Batho-Pele principles require that one must get value for money on the services that the government is giving, but we doubt if we do get value for money on the compilation of the White Paper. We further doubt if the process of consultation, access to information and participation is observed in the whole exercise of the White Paper.

Honourable Chairperson, traditional leaders remained positive that through the various Houses of Traditional Leaders in the country their aims and objectives would be reached. We from the NHTL are carrying the mandate from the Provincial Houses to raise all these issues with you.

I would like to take this opportunity to thank all those who are involved in the building of traditional leadership and its institution-my NHTL’s colleagues, the officials, provincial houses, traditional authorities and our people-for their ongoing support over the years.

Honourable Chairperson, it is a great pleasure and honour to present to you and your committee the annual report of the National House of Traditional Leaders for the financial year 2001/2002.

Inkosi Mpiyezintombi Mzimela

Chairperson

KEY ACHIEVEMENT:

    1. Successfully organising the official opening of the National House, held on the 3rd of August 2001
    2. Facilitated the first interaction between the National House of Traditional Leaders {NHTL} and South African Local Government Association {SALGA}.
    3. Contributed immensely to the Task Team established between the NHTL and the Department of Provincial and Local Government to address various issues that impact on the smooth running of the National House of Traditional Leaders.
    4. Represented the National House of Traditional Leaders in the different forums, conferences, workshops, etc.
    5. Successfully organised a welcoming reception for the Botswana House of Chiefs Delegation led by its Chairperson, Kgosi Tawana II.
    6. The National House participated in the annual PANAFEST FESTIVAL held in Ghana which led to their delegation led by the Paramount Chief coming to South Africa.
    7. Established an AIDS/HIV task team with the department of Health.
    8. The NHTL is part of a process to realize rural safety in collaboration with the Department of Safety and Security.
    9. For the first time in its history the NHTL has managed to draw up a strategy with the help of a private firm that will ensure service delivery in the next financial year.

Chief Executive Officer’s Report:

Aim / Purpose of the Secretariat:

To render a management and administration support services to the core function within the NHTL.

The year 2001/02 has been an exiting and challenging period for the National House of Traditional Leaders. The members of this unit have shown a lot of dedication commitment and selflessness. Their contribution to the smooth running of the institution is commendable.

This unit is essential for the smooth running of the House. The unit has been responsible for organising meetings and sittings.

The administrative unit has also contributed immensely towards the amendment of the National House Act to allow two members of the National House to be permanent. This was after realisation of the workload and numerous policy issues to be dealt with.

The personnel to the National House of Traditional Leaders has managed to achieve this despite the fact that they are not sufficient to support 18 members.

Staff turnover

New staff members are:
Mr. ZM Matebese Senior Planner

Mr. SP Nkosi Communication Officer

Mr. JS Sibanda Driver

Performance Management:

The management of performance is an important instrument, both for the duties of the NHTL’s objectives as well as for the career development of staff.

In this financial year, Ms Mpumi Nkosi was rewarded for outstanding performance.

Due to shortage of office space the NHTL relocated to the new offices . We are now at 535 Anfrie Building.

Challenges

To increase personnel

To re-define the role of committees.

To become autonomous

To implement the proposed new structure of the NHTL.

To have full time membership status of all members.

Standing Committees

MANAGEMENT COMMITTEE

7 MEMBERS

INKOSI MB MZIMELA

MORENA MF MOPELI

KGOSI SV SUPING

KGOSHI NM MALEKANE

KGOSHI CE MATHEBE

HOSI M NTSANWISI

NKOSI MJN MATANZIMA

 

INTERNAL ARRANGEMENT COMMITTEE

6 MEMBERS

HOSI M NTSANWISI

KGOSI PP MAUBANE

PRINCE L MAVUSO

INKOSI TM NKOSI

MORENA LS MOLOI

INKOSI WT MAVUNDLA

RULES COMMITTEE

5 MEMBERS

MORENA MF MOPELI

KHOSI FP KUTAMA

PRINCE L MAVUSO

KGOSI PP MAUBANE

INKOSI MB MZIMELA

CONSTITUTIONAL DEVELOPMENT COMMITTEE

6 MEMBERS

NKOSI MJN MATANZIMA

KGOSI MS MANKUROANE

INKOSI WT MAVUNDLA

INKOSI TM NKOSI

HOSI M NTSANWISI

KGOSIGADI AGG MOROKA

SOCIAL DEVELOPMENT COMMITTEE

5 MEMBERS

KGOSI SV SUPING

INKOSI SS KUNENE

PRINCE ZS MAKAULA

KGOSHI MN MALEKANE

KGOSIGADI AGG MOROKA

TRADITIONS, CUSTOMS AND CULTURE COMMITTEE

6 MEMBERS

KGOSHI CE MATHEBE

KGOSI MS MANKUROANE

INKOSI SS KUNENE

PRINCE ZS MAKAULA

KHOSI PF KUTAMA

MORENA LS MOLOI

 

 

The committees are constituted by at least one member out of the three that are seconded or elected to serve in the NHTL by six of the nine provinces of South Africa. These include: Mpumalanga; KwaZulu Natal; Eastern Cape; Northern Province; North West Province; Free State Province. These are the provinces that have Provincial Houses.

NB: THE NATIONAL HOUSE LOST ONE OF ITS MEMBERS IN THE NAME OF KGOSHI MG MOHLALA, WHO WAS ALSO A MEMBER OF SOCIAL DEVELOPMENT COMMITTEE AND RULES COMMITTEE.

 

THE MANAGEMENT COMMITTEE

The Management Committee is the executive authority of the National House. Its main purpose is to give direction, advice to the National House of Traditional Leaders and its sub-committees.

Key Performance Areas

 

TRADITION, CUSTOM AND CULTURE COMMITTEE (TCC)

KEY PERFORMANCE AREAS

To restore, promote and protect indigenous cultures, customs and traditions.

To maintain pride and dignity in the institution of traditional leadership.

To re-direct the South African community in realising the African Renaissance starts with Culture and Custom and Language.

To promote African languages to be in par with foreign languages.

To promote African Indigenous Sports to be in par with other Olympic sports.

To promote places of African Historical importance in order to attract and maintain tourism

Nature and Scope of Activities 2001/02

Traditional Initiation Schools Discussion Paper

A tasks team on Traditional Initiation Schools was established late last year. The team consisted of four members and its purpose was to develop a discussion document that would lead to a National Bill on initiation schools. The team is still expected to meet with other stakeholders, including the department of health to present the discussion paper.

It is expected that by mid 2002 the process of establishing a National Bill should have been completed.

Cultural Village

The committee is currently engaged in talks with the Lesedi people with the aim of buying the Lesedi Cultural Village. Moreover the committee is busy negotiating with sponsors and consultancies to workout the costs of such a project and its viability. This project is expected to be self-sustainable through tourism while it keeps our cultures alive.

Such a Cultural Village will be used by the NHTL for its sittings and accommodation.

 

Heritage Day Activities

As custodians of culture we saw it necessary to forge ties with the Department of Arts, Culture and Technology. This will enable the institution to revive the spirit of Ubuntu in our workplace, community, schools and society. As custodians of culture we feel we need to play a leading role during the Heritage Day and use it to celebrate our cultures. We are busy with our proposal to be put forward to the Honourable Minister, Ben Ngubane on what role can we play.

In other words we would like to own the Heritage Day.

CHALLENGES FOR THE YEAR 2002

Establishment of community based projects.

Hold an Indaba on Traditional Initiation Schools

Restore and uphold dignity, pride of traditional leadership through the promotion of indigenous cultures, languages and customs.

Promote African indigenous sport and games.

 

INTERNAL ARRANGEMENTS COMMITTEE

KEY PERFORMANCE AREAS

This committee has, as its mandate, the responsibility to;

Setbacks

One of the setbacks which hinders the committee’s progress is the snail space of the White Paper Process on Traditional Leadership and Institutions. Each time the committee raised a concern relating to the welfare of NHTL members, it was referred to the unfinished document.

These are some of the concerns raised with the Department.

  1. Security of Traditional Leaders
  2. Sittings in Cape Town
  3. The Chief Executive Officer, being the Accounting Officer for the House.
  4. Amendment of the Act establishing the House, Act no 10 of 1997
  5. Benefits to members

The NHTL has just lost through death one of its members at the beginning of this year. It is very unfortunate that the same member who passed away, was involved in a car accident on his way home after attending a meeting of the House. He never fully recovered from the accident as he was still undergoing treatment.

It is sad to note that the family of the member who passed away was not compensated by the department or government, firstly during the accident and secondly when he passed away, as the department is still busy with the discussion document on Traditional Leadership and Institutions.

Nature and Scope of Activities 2001/02

Policy on the Usage of the Vehicles of the National House

For quite some time, transport management in the NHTL has been disorganized. There was no guiding policy on the usage of the vehicles of the NHTL. Although it was the responsibility of this committee to come up with such a document but the task of formulating a policy seemed enormous.

During the meeting of the 25th of June 2001, a policy on the usage of NHTL vehicles was tabled and adopted by the committee and was forwarded to the sitting of NHTL for adoption.

Payment of Gratuity to members at the end of term of the National House:

The committee drafted a document on the payment of gratuity to members of the NHTL at the end of the term of office. This document was first presented to the Management Committee and later to the department.

Both the Department and the NHTL agreed that the document was skeletal. Both parties agreed that the House should work on it before it could be finally submitted to the department. The NHTL has since established a Task Team solely for this purpose.

Budget of the National House

The House has been concerned about the allocation of budget votes for the House. This concern stemmed from the fact that neither the House nor the CEO were involved in the budgetary cycle.

Exposure Visits

The Committee worked and organised a visit to Ghana for six members of the NHTL and one official to conduct a comparative study on the role of Traditional Leadership in their system of governance.

The visit ended up having twelve (12) Traditional Leaders and one official. The other six Traditional Leaders were representatives of Provincial Houses.

The House, through the Internal Arrangements Committee, is working on another visit to be undertaken between 11 and 22 March 2002. Traditional Leaders will be visiting Canada and the delegation will be made up of nine members of the National House only.

End of Term Of Office March 2002 and Inauguration of the New House

The committee is working with the CEO on the inauguration for the new members as the term of office for the current members is drawing to the end. Provincial Houses are expected to furnish the NHTL with names for nominees.

The Presidency has been given dates from which to choose for the inauguration of the NHTL. The dates from which the President should choose are between the 19th and the 26th of April 2002.

Challenges for the year 2002

Although there have been hiccups, like the change of chairpersonship, on the operations of the committee during the past financial year but it managed to deliver beyond expectations.

The Committee has identified the following key areas as challenges for the next financial year;

RULES COMMITTEE

KEY PERFORMANCE AREAS

To work on the rules and orders of the NHTL.

Nature and Scope of Activities 2000/01

It must be noted that this committee meets when a need arises. The committee acknowledged the shortcoming in the provisions of the rules of the NTHL about its opening. The rules stipulated that the Chairperson of the NHTL should officially open the House if neither the President nor a cabinet minister chosen by him to officiate is unavailable.

The committee has amended the rule to its original form to say that only the President or cabinet minister designated by the President could officiate in the opening of the NHTL.

The committee has also managed to organise a workshop for all members of the NHTL to familiarise members with the contents of the Act establishing the NHTL.

CHALLENGES FOR THE YEAR 2002

To make sure that members adhere to the rules of the House.

A capacity building workshop on the rules of the NHTL in order to empower members to conduct the proceedings of the House in accordance with the rules is still going to take place.

 

CONSTITUTIONAL DEVELOPMENT COMMITTEE

KEY PERFORMANCE AREAS

 

 

THE ACTIVITIES OF THE COMMITTEE: 2001/2002

The ongoing negotiations with the government and the Institution of Traditional Leaders culminated in the present impasse of defining the roles; powers and functions not being solved. In attempting to solve this impasse, a Coalition of Traditional Leaders was formed with the task of looking into the feasibility of making Constitutional Amendments and engaging the government in that regard. Up to now the government has not responded and this committee has been given the task of reviving the negotiations and obtain legal opinion regarding proposed Constitutional Amendments. The committee has since undertaken major steps in implementing the above assignment.

As part of its mission, this committee is in the process of finalising synchronisation of all the Provincial Houses with the National House.

With regard to making submissions to the Parliamentary Portfolio Committees, the committee has made valuable contributions with respect to the following Bills, viz:

In responding to the Mineral Development Bill, a workshop was arranged where Amakhosi objected to some of the clauses and particularly that of the State’s intention to take away the royalties that the communities were entitled to and be made Minister’s prerogative and by the same token, in dealing with the Land Use Management Bill, Amakhosi had objected to some of the clauses but were outraged by the fact that the Bill aimed at taking away their powers in the rural communities and be given to municipalities.

 

CHALLENGES FOR THE COMMITTEE: 2002

The first challenge is to obtain legal advise with regard to the proposed constitutional amendments. The Department of Provincial and Local Government informed Amakhosi in February 2002 that a White Paper on Roles; Powers and Functions of Traditional Leaders would be released in August 2002.

The committee will again engage the government in negotiations with the aim of transferring the state owned land and other land to tribal authorities as Amakhosi failed to understand the involvement of state ownership in the tribal land.

The committee will once more furnish submissions to the various Parliamentary Portfolio Committees in order to attend to the Bills that will have a bearing on the Institution of Traditional Leadership. However, the committee is hampered in making a well-researched document by the fact that there is no statutory provision that compelled the National Parliament to refer Bills to the National House. As a result, the committee will champion a Bill that will make it compulsory for the National Parliament to refer Bills to the National House.

Also, this committee will engage the Ministry of Justice for the recognition of tribal courts to have jurisdiction to preside in disputes involving customary marriages and other related matters.

Furthermore, this committee will embark on the programme of Provincial visits with the aim of maintaining good relations with their Provincial counterparts including possible amendments to the Acts establishing both the Provincial Houses and the National House to create a smooth working relationship and to attend to matters related thereto.

In addition, this committee will be engaged in identifying the role to be played by the National House of Traditional Leaders in the National Processes relating to the New Partnership for Africa’s Development (NEPAD) that was spearheaded by President Thabo Mbeki and other African Head of States.

As a result of its commitment to the NEPAD, the committee has successfully obtained the legal opinion as they are of the view that success of NEPAD will require full participation of the Institution of Traditional leadership. The committee is now working with the Africa Institution in moving this process forward.

Moreover, the committee has successfully invited three Honourable Ministers to address its sittings in Cape Town on the 20th of March 2002. The said Ministers were: Honourable Minister of the Department Justice and Constitutional, P Maduna; The Honourable Minister of Land Affairs, T Didiza and The Honourable Minster of Home Affairs, Inkosi M Buthelezi

In all the presentation by the above Honourable Ministers and discussions that followed, it became clear that Traditional Leaders have a crucial role to play in the various departments and that their full engagement must be realised sooner than later. Amongst the resolution, it was decided that a task team made jointly with the Department of Justice and Constitutional Affairs be established that will advisory status to both stakeholders.

To amend the Act which establishes the NHTL in order that it addresses our concerns like dealing with problems of Provincial Houses.

As it is now the committee doesn’t have its researchers, legal personnel and sufficient staff for a back up services.

The committee envisage enhancing members of the NHTL from three to five per province.

To engage government on the treatment meted out two the Honourable Chairperson and his Deputy in order that they arte not treated as civil servants but as political office bearers.

SOCIAL DEVELOPMENT COMMITTEE

KEY PERFORMANCE AREAS

 

THE ACTIVITIES OF THE COMMITTEE

This committee strive for the betterment of the rural lives and improved community well being.

Traditional Leaders are committed and have an important role to play in the HIV\AIDS Awareness Campaign in order to save the lives of the people as it became evident that people are dying through HIV\AIDS related diseases. Therefore, Amakhosi had formed Traditional Leaders HIV\AIDS National Forum Task Team jointly with the National Department of Health in August 2001. This Forum is composed of a 20-member delegation including four Congress of Traditional Leaders of South Africa (Contralesa) members and Inkosi Mpiyezintombi Mzimela in his capacity as a South African National Aids Council (SANAC) representative. This HIV\AIDS National Forum Task Team has the responsibility of seeing to it that the six Provincial Houses establish Regional and Tribal HIV/AIDS Task Teams as matter of urgency. Consequently, the Eastern Cape Provincial House has recently launched its Provincial HIV\AIDS Task Team on the 28th February 2002 that was graced by the presence of the National Minister of Health, Mantombazana Tshabalala-Msimang, Deputy Minister of Provincial & Local Government, Ms Ntombazana Botha and other royalties and political personalities.

In addition, an HIV\AIDS Indaba was held on the 27th March 2002 in Gauteng Province whereby each of the six Provinces was represented by not more than 50 delegates.

The committee has also furnished submissions to various Parliamentary Portfolio Committees having Bills that impact on the Institution of Traditional Leadership, viz:

All the Parliamentary Portfolio Committees responded positively to the submissions made but the Select Committee on Land and Environmental Affairs dealing with the Animal Identification Bill, 2001, need to be mentioned as community\communal identification marks and the involvement of Traditional Leaders were taken into account.

The committee made written and verbal submission to Parliamentary Public Hearings on the Sexual Abuse of Children in Cape Town.

 

CHALLENGES FACED BY THE COMMITTEE FOR 2002

This committee has a mammoth task ahead as it has the responsibility of championing social upliftment for the rural communities and the Institution of Traditional Leadership as a result of which it has met with various business stakeholders and considered their proposals for rural development with the aim of establishing community based projects for poverty alleviation.

The committee viewed youth involvement in HIV\AIDS Awareness Campaigns and programmes like the famous mobile Phelophepha Health Care Clinic as crucial and be implemented.

Again the committee will see to it that all Provinces have established their Provincial; Regional and Tribal HIV\AIDS Task Teams as soon as possible.

The committee will once more contribute and forward submissions to the various Parliamentary Portfolio Committees having Bills that impact on the Institution of Traditional Leadership. However, it must be stated that the failure by the National Parliament in forwarding the Bills to the National House hampered a well researched submission as the National House relies on newspaper advertisements in attending to the Bills.

 

The committee is in the process of engaging the Department of Provincial and Local Government in its implementation of the Integrated Sustainable Rural Development Strategy as they felt that the role of Traditional Leaders has not been clearly illustrated.

The committee in association with the National Department of Safety and Security is in the process of setting up rural safety and security projects aimed at combating crime in all sectors of the society.

The committee need to make an urgent submission to the Department of Home Affairs in response to the Ministers request for the house to identify and list all those functions and the role the institution can perform from amongst the function of his department for example, registration of birth and death certificates and issue of identity documents, etc.

To peruse the document presented by the Minister of Land Affairs with a view to advise government for example, on land transfer to rural communities and land tenure, etc

To engage government Ministers in order to identify roles to be played by Traditional Leaders in their respective departments.

To identify donor companies who could contribute in kind towards the upliftment of living standards of rural communities.

To form partnerships with government departments, non governmental organisation and community based organisations with a view to jointly mobilised funds, information and resources in the spirit of Letsema to reach everybody.

To engage the government in a campaign to capacitate traditional leaders and institutions so that they can execute their functions more professionally, quickly and responsibly. In doing so a consideration should also be given in the revival of colleges for the sons of Traditional Leaders in the country.

To encourage the government to support .the development of a policy which will culminate in government adopting the erection and maintenance of all Royal palaces or Meshate.

To help develop a policy which will culminate in the government taking full responsibility of the education and training of all heirs to the throne.

To go out and conduct research on how other countries have accommodated this institution in governance without compromising democratic principles.