NATIONAL HOUSE OF TRADITIONAL LEADERS


ANNUAL REPORT: 2002/03

TABLE OF CONTENT

Chapter 1: Page
Legislative Mandate…………………………….…………………………………………1
Vision…………………………………………………………………………………… 1
Mission…………………………………………………………………………………….2
Strategic Goals and Key Success Factors …...……………………………………………2

Chapter 2:

From the Chairperson’s Desk……………………………………………………………..4

Chapter 3:

Key Achievements…………………………………………………………………. …...12

Chapter 4:

Acting Chief Executive Officer’s Report….…………………………………………….14

Chapter 6:

Comments by the New CEO……….…………………………………………………….17

Chapter 6:

Budget Allocations……………………………………………………………………….20

Chapter 7

Current Institutional Structure….………………………………………………………..21

Chapter 8

Standing Committees……………………………………….……………………………22

8.1 Management Committee ……………………………………………………25

8.1.1 Key Performance Areas……………………………………………25
8.1.2 Setbacks……………………………………………………………25
8.1.3 Activities of the Committee………. ………………………………26
8.1.4 Challenges………………………………………………………….28

8.2 Traditions, Custom and Culture Committee…………………………………28

8.2.1 Key Performance Areas …………………………………………...28
8.2.2 Nature and Scope of Activities 2002……………………………....29
8.2.3 Partnerships………………………………………………………...31
8.2.4 Shortfalls………………………………………………………...…31
8.2.5 Challenges for the years …………………………………….……..32

8.3 Internal Arrangements Committee…………………………………….……..32

8.3.1 Key Performance Areas……………………………………………32
8.2.2 Achievements………………………………………………………33
8.3.3 Challenges………………………………………………………….34

8.4 Rules Committee……………………………….. …………………………...37

8.4.1 Key Performance Areas…………………………………..………..37
8.4.2 Nature and Scope of Activities 2002/03…...………………………37
8.4.3 Challenges for the year: 2003/04…………………………………. 37

8.5 Constitutional Development Committee…………………………………….38

8.5.1 Key Performance Areas……………………………………………38
8.5.2 Activities of the committee: 2002/03………………………………39
8.5.3 Challenges for the Committee: 2003/04…………………………...42

8.6 Constitutional Development Committee……………………………………..44

8.6.1 Key Performance Areas……………………………………………44
8.6.2 Activities of the Committee………………………………………..44
8.6.3 Challenges for the Committee: 2002/03…………………………...47

Chapter 9:

9.1 Proposed Institutional Structure of the NHTL… ………………..…………50




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:

Promote the role of Traditional Leadership within a democratic constitutional dispensation

Enhance unity and understanding among Traditional Communities; and

Enhance co-operation between the National House of Traditional Leaders and the various Provincial Houses with a view to addressing matters of common interest.


"
To be an institution that ensures efficient leadership and service delivery by all statutory traditional leadership structures’’.



Representing the aspirations of traditional communities by playing a meaningful role in cooperative governance.

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.

Improving the functioning and performance of the National House of Traditional Leaders.

Providing support and guidance to Provincial Houses.

Unifying Traditional Leaders of South Africa.

Restoring and uphold dignity, pride and culture of Traditional Leadership.

Promoting the role of Traditional Leadership Structure in Governance.

Promoting Social-Economic Development within Traditional Communities.

Coordinating activities of all statutory Traditional Leadership Structures.

Fostering co-operation amongst all statutory Traditional Leadership Structures.


The National House of Traditional Leaders (NHTL) takes pleasure in presenting this Annual Report for the year 2002/03 to Parliament, Ubukhosi (Traditional Leadership) and the people of South Africa.

Let me begin by thanking Amakhosi who are members of the National House of Traditional Leaders for electing me as their Chairperson for two successive terms. I truly appreciate the honour, confidence and opportunity bestowed on me to once again lead the House for the next five years. I do not take your vote of confidence in me for granted but I know that I will need to continue to earn your confidence and moral support in the years to come.

I would also like to thank the Deputy President, His Excellency, Mr JZ Zuma, for taking his time and inaugurated the House on 19 July 2002 in Cape Town, Good Hope Centre.

During the inauguration of the House the Deputy President, His Excellency, Mr JZ Zuma, mentioned that traditional leaders should continue to play a role in the national task of improving the quality of life of all South Africans, meet all the challenges that still face our nation, add enormous value to the New Partnership for Africa’s Development (NEPAD), which is a programme of the African Union (AU), drive the Moral Regeneration Movement (MRM) in rural areas and to participate in the Integrated Sustainable Rural Development Programme (ISRDP).

These were some of the challenges that His Excellency bestowed upon us in the new dispensation. However very little progress has been achieved so far. The year under review has been a hectic and unfortunately not a very fruitful one for the NHTL and Ubukhosi, given the unsettled enormous tasks of defining the powers and functions of Amakhosi (Traditional Leaders), the unavailability of a permanent chamber for the NHTL and lack of personnel. May I also point out to you Honourable Chairperson, that these have made it difficult for the office to provide efficient and effective service to the people.

This is our third Annual Report to parliament but Chairperson it is not different to our last two reports. We have been raising one and the same issues of shortage of staff, lack of support by the Department of Provincial & Local Government, unavailability of the chamber for the House. Some of the Provincial Houses are better than us as the National House because they have permanent sitting chambers, offices and personnel. We, as the National House, have only five officials who are helping us to realize our vision, mission and mandate. For example, the office of the Chairperson and six committees of the NHTL don’t have secretaries. This makes it difficult for us to meet our objectives.

We now depend on other structures for help. As a result, we went to the extent of asking the City of Cape Town to allow us to use their chamber for our sittings.

I would like to bring to this committee that for the second time in a row, the National House, as a statutory body that has to submit its report to Parliament has not attended the official opening of Parliament. Our office has tried to secure an invitation from officials but failed, this is a serious setback.

As one of your recommendations in the report of the committee on Budget Vote 5, Chairperson you mentioned that the Annual Report submitted by the House is not satisfactory and you requested the department to assist the House in preparing an adequate report for the next financial year so that your committee could have a better understanding of how the House is spending the budget allocated to it.

Well, Chairperson, I can say that the department has change of heart to assist the house as directed by your committee.

Consequently, I would like to thank the Minister of Provincial & Local Government, Mr S Mufamadi for appointing a new programme manager for the House, Mr CE Clerihew. Since he became involved with the House he has shown dedication and commitment. To be honest we have seen some progress with regards to:

Parking for members of the National House whilst attending business of the House
Ex-gratia payment for members of the House from 1997-2002
Official Cell Phones for the Chairperson, Deputy Chairperson, Chief Executive Officer and Communication Officer.
Official vehicles for the Chairperson and Deputy Chairperson
Additional Staff for the National House

Honourable Chairperson allow me to indicate 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.

As the Chairperson of the National House of Traditional Leaders I have represented Ubukhosi in these conferences and functions.


Highlights

Contributed to a policy framework on Traditional Dog Hunting organised by Ezemvelo KwaZulu Natal Wildlife.
Human Rights celebration day on 21st March 2002
Launch of the Moral Regeneration Movement 19 February 2002
Delivered a paper in the National Conference on HIV/AIDS and the Education Sector, 30 May-01 June 2002.
Hosted the Reception Dinner in Honour of the African Union and Interim Chairperson of the AU Commission, His Excellency, Mr Amara Essy, 30 August 2002.

Installation and anointment of Prince Zwelimjongile Kama of AmaGqunukwebe tribe, 14 September 2002, Eastern Cape
Guest speaker in the Installation and anointment of Prince Sibulele Mhlambiso of the Ngqikambo tribe, 10 August 2002, Eastern Cape
Guest speaker in the quinquennial celebration of the Bhaca tribe, 14 December 2002, Eastern Cape.

Ubukhosi/Bokgosi has made recommendation to the annual report of the South African Aids Council (SANAC) through myself as its representative.
Delivered a paper in the School of Government, University of the Western Cape about the role of traditional leaders within a democracy - within SA. 23 January 2003,


International Visits

The Chairperson accompanied by of the Deputy Chairperson, Kgosi SV Suping and the Communication Officer, Mr SP Nkosi, undertook a visit to the United Kingdom.
United Kingdom
Objectives of the Visit Were:

To investigate the possibilities of applying the same system here in South Africa, i.e. having a legislature with two chambers.
To lobby support for the existence of traditional authority in modern democracy.
To learn more about the specific roles of the House of Lords.
To address leading members of the Houses Commons and Lords about the recently released White Paper on Traditional Leadership Institutions and Governance.

Challenges

Though we have mentioned our achievements, as the House there are still outstanding issues, some of which we mentioned in our last year’s Annual Report.

We still envisage the need to establish a continental organization of traditional leaders that we prefer to call the PARLIAMENT OF TRADITIONAL LEADERS OF AFRICA [POTLA]. This body will ensure that traditional leaders throughout the African continent share knowledge, expertise and will improve relations and reduce conflicts. Moreover, the organization will support the continental programmes such as NEPAD and AU.

While we still need the support and guidance of the department of Provincial & Local Government, it is necessary that we de-link from the department and become an autonomous statutory body and for the reasons cited in our previous report be part of the Presidency.

Finalise the White Paper process that will lead to a Bill and subsequently to an Act that will define the role, powers and functions of traditional leaders in South Africa.

Acquire a venue where the NHTL will conduct its sittings that can be attended by the public as outlined in our rules and orders. As the NHTL that was established as a statutory body with a purpose, we should not find ourselves struggling to get a meeting place. We are aware that we are not Parliament or a Legislature to have a big chamber like yours but at least we request that you as a committee assist us to get a chamber like the Old Assembly Chamber here in Parliament, to accommodate our activities such as sittings and official openings or build a completely new chamber. These will reduce cost and make the NHTL to comment and submit inputs to all section 76 bills without delays.

Meetings with all political parties in particular the ruling party, NGO’s other statutory bodies such as Disaster Management, Demarcation Board and trade unions like the Congress of South African Trade Union (Cosatu).

We need to amend the Act of the NHTL to make it possible for us to have our own permanently appointed staff. We are uncomfortable with the contractual staff that we have at this point in time. The very same contractual employees are not appointed in terms of the National House of Traditional Leaders Amendment Act.

To become more involved in the fight against HIV/AIDS.
We need to actively take part in the legislative process. This exercise will broaden our democracy and make it more credible.

We need to agree with Parliament on the process of making inputs to the law making process, especially in the NCOP. Through your influence and assistance we are positive that this challenge will be met in the financial year 2003/04.

We have to influence the establishment of the Provincial House of Traditional Leaders in the Northern Cape for the San and Khoi communities. We have used their language in our Coat of Arm as the country and we therefore have to assist them.

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 government. We remain positive that this year as per the President’s State of the Nation Address, Traditional Leaders will definitely know what their role, functions and powers are.

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

I am privileged to work with a team of professionals in the National House and I would like to take this opportunity to thank all those who are involved in the building of traditional leadership and its institutions, my colleagues in the NHTL, 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 2002/03.


………………………..
Inkosi Mpiyezintombi Mzimela
Chairperson


In conjunction with the National Department of Health, the NHTL successfully co-ordinated the launch of Provincial HIV-AIDS Task Teams where provincial houses of traditional leaders exist. This include the following provinces:

Eastern Cape
Free State
KwaZulu Natal
North West
Mpumalanga
Limpopo

The following submissions were successfully made to various departments and parliamentary committees:

White Paper on Traditional Leadership and Governance
Draft Communal land Rights Bill
Property Rates Bill
National Water Resource Strategy
Participated in the workshop presentation on Protected areas and Child Justice Bills


The NHTL has successfully established formal relations with the following stakeholders:

The Department of Arts, Cultures, Science and Technology
Pan South African Language Board
Kara Heritage Institute
The British Embassy
National Development Agency
Africa Institute of South Africa
Justice Department


Aim / Purpose of the Secretariat:

The secretariat’s main function is to render management and administrative support services the NHTL while adhering to the performance management as an important instrument, both for the NHTL’s objectives as well as for the career development of staff.

Staff turnover
Staff members are:

Mr. ZM Matebese Senior Planner
Mr. SP Nkosi Communication Officer
Ms. N Nkosi Secretary Typist
Mr. JS Sibanda Driver

New staff member:
Mr. ME Gobe Chief Executive Office (CEO)

My Experiences as the Acting CEO of the NHTL

The year 2002/03 has been very challenging for the National House of Traditional Leaders as was evidenced by the hectic schedule of the administrative staff. The members of this unit have shown a lot of dedication, insight, commitment and selflessness. This unit is essential for the smooth running of the affairs of the National House. The unit’s contribution to the smooth running of the institution is commendable and is based on collegial understanding and most importantly unity.

Therefore, the unit has been responsible, in amongst other daily obligations, for organising meetings, sittings, openings and the closing functions of the national house, secretaries forums, chairperson’s forums and bi – annual conferences.
Despite the fact that the National House of Traditional Leaders is lacking sufficient personnel, the administrative unit has managed to serve the 18 members of the National House without fail and in testing times.

I am employed by the Department of Provincial and Local Government (DPLG) and seconded to the NHTL as a Senior Planner. However, due to the fact that the former Chief Executive Officer (CEO) of the NHTL Mr L. Molubi’s contract expired on the 31 July 2002, I was appointed by the NHTL to act as the CEO while the process for selecting a new CEO for the NHTL was still in progress.

I therefore, thank the confidence shown in me by Amakhosi when appointed to act as the CEO of the NHTL during the crucial stages after the inauguration of the second term of the NHTL. I also thank my colleagues in the secretariat for their unfailing support and encouragement at all times because without their full co-operation, my stay as an acting CEO would have been be fruitless.

Also, the opportunity presented to me was most challenging and demanding and the good working relations and assistance from the traditional affairs section of the DPLG was commendable. With the full engagement of all involved, I successfully organised the orientation/induction programme for the members of the NHTL during 17-18 September 2002.

However, let me honestly state that there was a break down of communication between the DPLG and the NHTL before assuming the seat of acting CEO of the NHTL. This animosity was solved when the Ministry appointed Mr CE Clerihew as the accounting officer of the NHTL. Since his appointment, I worked well with him and we attended to the issues having a sole purpose of arriving at the agreement that would be best for the DPLG and the NHTL for all practical purposes. As I interacted on a daily basis with Mr CE Clerihew, we were able to solve many pending assignments and attended to all other issues as quickly as possible.

After the newly appointed CEO, Mr ME Gobe, resumed his seat in November 2002, I handed over the administrative functions and the pending issues with Mr CE Clerihew. I assured the CEO Mr Gobe that I will continuously avail myself and assist in all the processes that needed finality with Mr CE Clerihew and related matters. I wished the CEO good working relationship with the accounting officer.

I am pleased to state that during my term as the acting CEO of the NHTL, the following staff members received Merit Awards for their outstanding performance in serving the NHTL, namely:

Mr ZM Matebese,
Ms N Nkosi
Mr JS Sibanda.

My sincere thanks goes to Amakhosi for their unwavering support to the secretariat of the NHTL and for affording me the opportunity to lead the interests of traditional leadership. Also to be thanked is the unity showed by the secretariat amongst itself and I pledge my full support in that cause and always.



…………………….
Mr ZM Matebese
Acting Chief Executive Officer (CEO)


The National House stands at the crossroads: behind it lies considerable damage created by colonialism and apartheid, before it lies many challenges of restoring the traditional nature and respectability of the institution of traditional leadership.

A considerable amount of debate has been stimulated about what is the future of our traditional institutions of leadership and governance. Obvious paranoia exists among traditional leaders because of conflicting pressures from various stakeholders as well as White Papers and Bills from various National Departments. Our National House with their Coalition partners is currently interrogating the Draft White Paper on Traditional Leadership and Governance that seeks to redefine the focus, powers and roles of traditional leaders.

There is an anxious scramble of Traditional Leaders to position themselves in the new democratic dispensation. I think as staff we must always be mindful of the critical importance of our task to promote the role of Traditional Leaders in all spheres of our government.

My responsibility is to manage the outcome of the debate and not so much at the process, and conflicting theories. The most important questions for me are; are we meeting the requirements and the mandate of the Act No. 10 of 1997,(as amended) that established the National House of Traditional Leaders? Do we have clear communication strategy? I believe to this end this Report will show the hard work and devotion of our six Committees.

Whilst there are many challenges that lie ahead for the National House of Traditional Leaders, I am proud of the progress we are making. Clear vision and mission statements have been done.

The true values of the institution have been defined. The Key performance Areas and Key Performance indicators are well articulated. The SWOT analysis has also been carried out. I think we need as a team to do our best in trying to change our weaknesses into strengths and our threats into opportunities. I am convinced that we are very successful in the field of strategic planning and implementation. We will continue to work tirelessly for the betterment of traditional leadership and governance.

I am also pleased with our involvement with the Social Sector Cluster Department and many NGO’S. We are working together with Kara Heritage Institute to develop a policy document on how the National Development Agency (NDA) and traditional institutions can partner in rural development and poverty eradication.

We are participating in the National Food Emergency Scheme (NFES) because our communities are the obvious beneficiaries of this Scheme. As this Report will show we will continue to build stronger relationships with all NGO’S that work with traditional and rural communities. It is our strongest desire to improve the quality of life of traditional and rural communities. We are at the same time embracing the State President’s philosophy of Vuk’uzenzele.

To Management of the budget of the National House in accordance with
the Public Finance Management Act
To ensure that the Chairperson and Deputy Chairperson of the House are given sufficient support to carry out their responsibilities effectively and in an integrated way.
To create clear channels of communication between the National House as the national statutory body and National Departments as well as National parliament.
To provide capacity building to staff and Traditional Leaders
To set a clear programme for both the Chairperson’s Forum and Secretaries Forum

On a personal level, I am very privileged to be supported by a very committed and hard working staff. The work climate and culture of this institution suits my interests and talents. I commend the previous acting CEO for his achievements, which are also reflected in the report. I am also very honoured to work with the Chairperson, Deputy Chairperson and all Members of the National House including our Provincial Houses of Traditional Leaders.

BUDGET ALLOCATIONS
Projected Expenditure 2002/03
ALLOCATION PROJECTED EXPENDITURE
R’000 R’000
Personal Expenditure 931 924
Administrative Expenditure 2 232 2520
Inventories 150 146
Equipment 500 423
Professional and Special 800 600


Services


Total 4613 4613

2. MTEF ALLOCATIONS
2003/04 R 5 649 000
2004/05 R 5 788 000
2005/06 R 6 807 000





MANAGEMENT COMMITTEE
6 MEMBERS

INKOSI MB MZIMELA (Committee Chair)
KGOSI SV SUPING
MORENA MF MOPELI
KHOSI FP KUTAMA
KGOSHI CE MATHEBE
PRINCE ZS MAKAULA


INTERNAL ARRANGEMENT COMMITTEE
6 MEMBERS

HOSI PC NGOVI (Committee Chair)
KGOSI PP MAUBANE
PRINCE ZS MAKAULA
KGOSIGADI AGG MOROKA
INKOSI MD MTHETHWA
INKOSI WT MAVUNDLA

RULES COMMITTEE
5 MEMBERS

KGOSI SV SUPING (Committee Chair)
INKOSI MB MZIMELA
MORENA MI MOTLOUNG
KGOSI MS DIKGALE
NKOSI TJ MABANDLA
NKOSI MI MDLULI

CONSTITUTIONAL DEVELOPMENT COMMITTEE
6 MEMBERS

MORENA MF MOPELI (Committee Chair)
INKOSI WT MAVUNDLA
KGOSI PP MAUBANE
NKOSI MI MDLULI
PRINCE MSJ SIGCAWU
KGOSHI MS DIKGALE

SOCIAL DEVELOPMENT COMMITTEE
5 MEMBERS

PRINCE XMSJ SIGCAWU (Committee Chair)
INKOSI SS KUNENE
INKOSI MD MTHETHWA
KGOSIGADI AGG MOROKA
HOSI PC NGOVE
KGOSI MJ PILANE

TRADITIONS, CUSTOMS AND CULTURE COMMITTEE
6 MEMBERS

KGOSHI CE MATHEBE (Committee Chair)
KGOSI MJ PILANE
INKOSI SS KUNENE
NKOSI TJ MABANDLA
KHOSI FP KUTAMA
MORENA MI MOTLOUNG




These members are from: Mpumalanga; KwaZulu Natal; Eastern Cape; Limpopo; North West; Free State. These are the provinces that have Provincial Houses.


8.1.1 Key Performance Areas

As an executive arm of the NHTL the Management Committee is responsible for implementing decisions of the House and Committees
Implementation of the Strategic plan of the NHTL
Reassess the efficacy of the committees of the National House
Co-ordinate and give advice to committees
Establish and maintain relationship with other structures
Address sittings of Provincial Houses once a year.

8.1.2 Setbacks

That the House does not have a chamber, despite a standing resolution that it’s chamber must be located within the vicinity of the national assembly.

That for two consecutive years the Presidency has not been able to honour invitations to be present when the National House had to debate the speech as required by the Rules and Orders of the National House.

The National House has not been invited to the opening of National Parliament for two consecutive years.

That the National House did not take part in the World Summit on Sustainable Development.

The National House of Traditional Leaders has not been able to link up properly with the Moral Regeneration Movement.

That the institution of Traditional Leadership was not invited to the inauguration of the African Union despite the introduction that was made by Africa Institute of South Africa (AISA) to the NHTL.

The National House was not invited to the SALGA conference held at Gallagher Estate despite interactive relationship that should exist between the National House and the South African Local Government Association, also not withstanding the fact that local governance is the area of operation for Traditional Leaders as well.

The House has never met the Director-General of the DPLG since she joined the department on 1 August 2002.

8.1.3 Activities

Conditions of Service of the Chairperson and Deputy Chairperson

The Management is engaged in discussions with the department on the issue of conditions of service of the Chairperson and Deputy Chairperson.

The Management Committee would like to see this matter finalized in the next financial year.

The Management Committee has also engaged the Department with regard to the conditions of service for all members of the House and ex-gratia payment of all members of the NHTL who served in the first term of the National House.




Meetings with Political Parties

The Management resolved to meet with political parties so as to establish relations. So far MANCO has managed to hold meetings with one political party, The Democratic Alliance (DA).

However, plans are afoot to hold a meeting between the executive of the NHTL and the ANC, since a preparatory meeting was held between the Chairperson of the NHTL, Inkosi MB Mzimela and the Secretary-General of African National Congress (ANC), Mr. Kgalema Motlanthe.


Meetings with other Stakeholders

The National House has held a meeting with SALGA and was supposed to have held a follow-up meeting. Unfortunately this meeting has not taken place.

The National House has also held meetings and working with Africa Institute on the issue of NEPAD and subsequently involvement of the National House in the African Union.

The House is interacting with various government departments through its committees

Joint Meetings with Committees of the NHTL

The Management Committee as a monitoring committee is responsible for the performance and efficacy in sub-committees of the House.

The Management Committee held joint meetings with committees of NHTL as means of ensuring their performance and delivery. The were the Internal Arrangements and Social Development.


8.1.4 Challenges

Elevating the post of Secretary of the House to level of Chief Director.
Participating in the drafting and finalisation team of the White Paper Processing on Traditional Leadership and Governance.
Negotiating the implementation of the proposed organogram of the NHTL with the department.
Negotiating of a chamber of the National House
Negotiating for the full-time status of all members of the National House
Addressing sittings of Provincial Houses once a year.
Ensuring that the National House is invited to the opening of National Parliament.



8.2.1 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 that the African Renaissance starts with Traditions, Culture, Custom and Language.
To promote African languages to be on par with other languages.
To promote African Indigenous Sports to be on par with other Olympic sports.
To promote places of African Historical importance in order to attract and promote tourism.


8.2.2 Nature and Scope of Activities 2002

For the better part of the 2001/2002 financial year the TCC committee has been very active. The committee has made some progress and we intend to maintain and improve on that.

The committee achieved many goals that it set for itself to ensure that our traditions, customs and culture continue to flourish in an African perspective and to bring unity among the SADC countries. This included the following:

Reed Dance in Swaziland

On 31 of August 2002 the TCC committee attended the abovementioned function
which took place at the eLudzidzini Royal Palace where the committee was introduced to His Majesty, King Mswati III. It is estimated that about 40 000 Tingabisa (Maidens) took part in the reed dance, watched by thousands of spectators of which some of them came from overseas and neighbouring countries.

The purpose of the reed dance is to encourage virginity amongst the teenagers, to abstain from any sexual activities, consequently to prevent HIV and AIDS and to honour the youth. The reed dance is held every year. This is the beginning of an interaction with neighbouring traditional leaders and Kings in an effort to bring traditional leaders and their communities together.


King Shaka’s Day in KwaDukuza, KwaZulu Natal

On 21 of September 2002 the TCC committee members attended the event which took place in KwaDukuza which is about 100 km north of Durban. Thousands of people took part in the celebration, mostly from KwaZulu Natal itself.

Among the guests were His Majesty, King Goodwill Zwelithini, Prince Mangosuthu Buthelezi, Premier of KwaZulu Natal, Lionel Mtshali, Prince Gideon Zulu and other members of the royal family and AmaKhosi. Although the delegation never interacted with His Majesty, King Zwelithini, they managed to speak to Prince Mangosuthu Buthelezi, during a gala dinner. The attendance of these events by the NHTL is to encourage and promote culture within traditional communities consistent with the legislative mandate of the House.

Nyabela Festival in Mpumalanga

On the 19th of August 2002, the Traditions, Customs and Culture (TCC) committee took a trip to Roosenekal, which is about 150 km northeast of Witbank.

Hundreds of people took part in the celebration, mostly from Mpumalanga and neighbouring Limpopo.

The function was hosted by Ingwenyama Mayitjha III. Kgoshi Mathebe was given a slot to speak on behalf of the National House. The purpose of this function is to celebrate the birth of the Ndebele nation of Ndzundza.


Partnerships
Since the roles and functions of traditional leaders have not been defined, the committee could not just sit and wait for government. Instead, on behalf of the NHTL it decided to form working relations with relevant stakeholders in an effort to preserve and protect indigenous languages, cultures, traditions and customs. This included the following stakeholders:

Department of Arts, Culture, Science and Technology
Pan South African Language Board
The Moral Regeneration Movement

8.2.4 Shortfalls

Lack of resources and support resulted in the following shortfalls:

The Department of Provincial & Local Government disapproval to allow the committee to donate R300 000 to the Zindala Zombili Indigenous Music Festival which would have allowed the NHTL to become a stakeholder in the project. Other stakeholders in this project included the Standard Bank and Department of Arts, Culture, Science and Technology, who contributed R300 000 each. As a result the finals which were suppose to take place in the Standard Bank Arena were cancelled. The reason for the refusal by the department was that the Act establishing the House does not provide for that. Instead it says that the House can play an advisory role.

The Act establishing the House was again cited when the committee met the Minister of Arts, Culture, Science and Technology, Dr Ben Ngubane to discuss the establishment of a National Cultural Village in Pretoria. The Minister advised the committee to put the plan in abeyance until the role and functions of traditional leaders are defined by government. At the moment only his department has the mandate to oversee such issues.

8.2.5 Challenges for the year: 2003/04

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.
Promote cultural tourism which will provide job creation, black economic empowerment and African renaissance.
Engage the South African Broadcasting Corporation (SABC) on the promotion of indigenous cultures and languages.


8.3.1 Key Performance Areas

Promote social welfare of members of the National House
To market and promote the image of the House
Capacitate and provide support service to members and staff of the National House
Organization of exposure visits for the House
Acquisition and management of assets of the National House.
Prepare the budget of the National House
Participate on the budget process of the department of Provincial and Local Government (dplg)


8.2.2 Achievements

Inauguration of the National House of Traditional Leaders

The Internal Arrangements Committee organized the inauguration of its second House in Cape Town.

Having experienced problems with securing a venue in Parliament for the august function, the committee approached the management of Good Hope Centre, that agreed to accommodate the National House and its guests during its function on the 19th of July 2002.

Orientation of the NHTL Members

Between 17 and 19 September 2002, NHTL members and staff attended an orientation workshop at Warmbaths, Limpopo. Managers from the Department of Provincial and Local Government attended the workshop and oriented members and staff of the House about processes and procedures to be followed when dealing with the Department.

The House was also oriented about the act that established the House, its provisions and limitations.

Use of Unicity

The National House has an understanding with the Cape Town Metropole to use the Unicity for its sittings. However, the National House can only use the Unicity Chamber on the last two weeks of every month as it is not available for use during the first two weeks of month.

Payment of gratuity to members of the National House

The Department of Provincial and Local Government has, in principle, agreed to pay members of the House gratuity for the service rendered during the first House, i.e. 1997 to 2002.

However, the National House did not prescribe to the department the method in the determination of the amount to be paid. Therefore, the department will be guided by its financial records based on activities of members to decide on the method to be employed when working out gratuity payment to members of the National House.

Appointment of the present CEO of the National House

The Internal Arrangements Committee has been involved in the selection and appointment of the present CEO of the National House.

Staff in the National House

The Internal Arrangements Committee has been instrumental in the identification of the need for additional staff in the National House.

Implementation of employing additional staff in the National House is being taken forward by the department in conjunction with the NHTL.

To market and promote the image of the House

The House through the efforts of the committee has managed to promote the integrity of its members by providing them with business cards, personalized diaries and is in process of dispatching NHTL calendars to various traditional institutions and other structures.

8.3.3 Challenges for the Internal Arrangements Committee

Security of members of the National House

Security of members of the House has always been an issue of concern to the institution. This is because members of the National House travel unaccompanied for long distances when on National House duty.

Although this matter has been discussed with the then Programme Manager, Mr. TF Seboka, no steps were taken to remedy the situation.

The issue of security for members of the National House is so serious that the House has made it a priority to deal and finalize it in the next financial year.

Budget cycle of the Department of Provincial and Local
Government.

The National House has engaged the department requesting to be involved in the budgetary cycle. This is as a result of the frustration being experienced by the National House when some votes are not budgeted for adequately.

An example is the NHTL’s allocation on foreign travel. The House could not undertake a visit to Canada in March 2002 as the allocation was not adequate for such a visit, hence it was postponed. For foreign travel the House was only allocated R100 000.00 for 2001/2002 financial year.



Seat for the National House in Cape Town.

The NHTL has got an understanding with the Unicity of Cape Town to use their chamber when it is available.

The arrangement has got disadvantages, which impacts on effectiveness and timeous delivery on the National House.

The challenge facing the committee is to vigorously engage the Department of Provincial & Local Government in negotiations in getting the chamber of the NHTL.

Staff of the National House

The contractual employment of support staff of the NHTL has always been of great concern, as among other issues it does not guarantee job security.

The assertion of the House is that all other posts in the National House should be permanent except that of the CEO which must be performance related.

As one of its priorities, the Internal Arrangements Committee will engage the department in an attempt to have all the other posts, with the exception of that of the CEO, made permanent.

Conditions of service for the fulltime members of the House

In the forthcoming financial year, the National House will engage the department in an attempt to finalise the negotiations on the acquisition of vehicles for the Chairperson and Deputy and also to stipulate the conditions of their service.

Office Accommodation for the NHTL

When the National House was moved from Momentum Building in Sunnyside, the pretext was that in the new offices, the National House would occupy a number of offices wherein the Committee Chairpersons would as well have offices.

The allocation of offices was not carried out as agreed with officials from provisioning and therefore, it affects the performance of Committee Chairpersons.

The present arrangement also causes chaos when there are meetings in the office as members of the House use staff’ s offices. In the present arrangement the NHTL cannot hold two committee meetings simultaneously as there is only one boardroom.


8.4.1 Key Performance Areas

To work on the rules and orders of the NHTL

8.4.2 Nature and Scope of Activities 2002/03

It must be noted that this committee meets when a need arises.

8.4.3 Challenges for the year: 2003/04

To make sure that members adhere to the rules of the House.
To conduct 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.
To amend the shortcomings in the provisions of the Rules and Act establishing the House.


8.5.1 Key Performance Areas

to consider constitutional issues including amendments to the Act establishing the National House where necessary,
to facilitate capacity building programmes on constitutional issues,
to facilitate co-operation between Provincial Houses and the National House on common concerns
to engage government in negotiations with the aim of transferring State owned land and other land to Traditional Authorities;
to make submissions to Parliamentary Bills
to liaise with the National Council of Provinces (NCOP) with respect to its programmes
to interact and advise government departments on policy issues that have got a bearing on the institution of traditional leadership \ rural communities
to have a working relationship and try and influence the policies of the Non Governmental Organisations (NGO’s) and Community Based Organisations (CBO’s)
to attend to other related matters.


8.5.2 Activities of the Committee: 2002/03

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 in 2000 with the task of looking into the feasibility of making Constitutional Amendments and engaging the government in that regard. The Coalition of Traditional Leaders is made up of the following stakeholders, viz :

the six (6) provincial houses of traditional leaders
the National House of Traditional Leaders
the Royal Bafokeng Nation and
Congress of Traditional Leaders of South Africa (Contralesa)

Also, as its mandate in obtaining a constitutional amendment, the committee has engaged the services of the legal experts and other related stakeholders in trying to come to a solution and assist the government in its endeavours in solving the issue of traditional leaders.

On the 29 October 2002, the Honourable Minister for the Department of Provincial and Local Government, Mr SF Mufamadi, produced a Draft White Paper on Traditional Leadership and Governance to the Chairpersons of all the Houses of Traditional Leaders.

Consequently, the Coalition of Traditional Leaders convened a meeting that culminated in a well researched submission that was handed to the Honourable Minister, Mr SF Mufamadi, on the 27 November 2002.

Traditional Leaders are now waiting for a full engagement with the Department for Provincial and Local Government and are in that context able, willing and prepared to assist the government in finding an amicable solution in this discourse.

The committee, like all other committees of the National House, fully participated in the Gazetted Communal Land Rights Bill championed by the Department of Land Affairs and forwarded a submission on behalf of the House. After raising objections to the said Bill, the Honourable Minister of Land Affairs, Ms T Didiza met the delegation of Amakhosi from National and Provincial Houses headed by the Chairperson of the National House, Inkosi MB Mzimela, on the 3 February 2003, in Pretoria.

The meeting with the Honourable Minister of Land Affairs agreed on discussing and solving misunderstandings hence an arrangement to make another submission on pending issues.

The committee chairperson and other members of the National House participated in a reference group constituted by the Department of Provincial and Local Government regarding the recently published Property Rates Bill. As a result, the National House submitted its comments to the Department of Provincial and Local Government and amongst its concerns a request was made that this Bill be delayed until the National Legislation on traditional leadership and governance has been finalised.

The committee’s chairperson attended a workshop at Thaba Nchu Traditional Authority, Free State Province, organised by the Department of Local Government and Housing on the 1 August 2002, where the issue of giving out title deeds was discussed. The standing argument of putting into abeyance the issue of title deeds in rural areas until the national legislation dealing with traditional leadership has been finalised was communicated to the government delegation.

The committee again submitted comments and registered the National House as one of the stakeholders in the National Water Resource Strategy in the Department of Water Affairs and Forestry.

The committee in conjunction with the Department of Justice organised a workshop on the Child Justice Bill, on the 29 October 2002, Kopanong, Benoni. The workshop was attended by members of the National and provincial houses. Amakhosi contributed immensely during the deliberations and the officials of the department of justice assured Amakhosi that they will be invited during parliamentary public hearings which are expected to be before June 2003.

The National House furnished its nominees for the task team to be constituted with the Department of Justice and is now waiting for a full engagement with the said department.

The committee is committed to a non- violent and crime free rural community areas as a result of which the committee’s chairperson had attended National Conference on Community Safety Forums organised by the National and Provincial Departments of Safety and Security in Parow, Cape Town, on the 17 to 18 October 2002.

The committee also participated in drafting a submission through the Coalition of Traditional Leaders on constitutional amendments to the Parliament’s Constitutional Review Committee on the 7 June 2002.

The engagement of the committee and Amakhosi generally led to the proposal by the Law Commission on its report on traditional courts and the judicial function of traditional leaders dated 21 January 2003, that made positive recommendations on the role of traditional leaders in the justice administration system of South Africa. If the positive recommendations of the commission are accepted and implemented, confidence in the law and system of justice administration in the rural areas will be restored.

8.5.2 Challenges for the Committee: 2003/04

The committee will be engaging the Department of Land Affairs in forwarding its further submission with regard to uncertainties in the Communal Land Rights Bill. Amakhosi are viewing the said Bill as essential in their administration in rural communities. The committee will also furnish its inputs regarding the Protected Areas Bill from the Department of Environmental Affairs and Tourism.

The committee will once more furnish submissions to Parliament 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 compels 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, the committee will be engaging the Department of Provincial and Local Government in negotiations for the employment of a Parliamentary Officer that will liaise with the parliament on all parliamentary matters.

The committee will also be engaged in the process of scrutinising and amending where possible, the Acts establishing both the National and Provincial Houses with the aim of arriving at a common legal set up for the smooth working process in all the houses including attending to related matters thereof. However, the committee is handicapped due to the fact that it lacks researchers; legal personnel and sufficient staff in achieving its noble goals.

The committee, having taken the importance of the New Partnership for Africa’s Development (Nepad) and African Union (AU), forwarded its submission with regard to the support and role to be played by Amakhosi in these structures to the office of the Honourable President of South Africa, Mr T Mbeki, on the 19 July 2002.

Consequently, the committee in the company of the Chairperson of the House, Inkosi Mzimela, participated in the workshops organised by the Africa Institute of South Africa (AISA), preparing for the holding of Panafest in 2002/03 with the aim of popularising Nepad and the AU. Currently, the committee is engaged in a series of workshops with the African Union’s ECOSOCC (Economic, Social, and Cultural Council), in amongst other things, to produce a structure and representation on ECOSOCC.

To engage the department of provincial and local government on the treatment meted out to the full time members of the national house, being the Honourable Chairperson and his Deputy with the view of according them their deserved political status as opposed to the current arrangement of treating them as civil servants.

The committee is hindered in effectively performing its duties by the part time status of the members of the national house and limited budget thereof.

The committee will be embarking on a fact-finding mission to Botswana and Lesotho with respect to land matters and related issues thereof.

To liaise with the National Council of Provinces (NCOP) with respect to its programmes and related matters


8.6.1 Key Performance Areas

to identify socio-economic issues of traditional communities in conjunction with the houses of traditional leaders
to contribute to the social upliftment of the rural communities by playing a major role in initiating, assisting and or participating in rural projects
to liaise with Departmental Social Sector Cluster, viz : National Departments of Agriculture, Social Development, Health, Education and Provincial and Local Government; with the aim of fighting rural poverty
to comment to Parliamentary Bills \ Departmental Policies that will have a bearing on the Institution of Traditional Leadership \ Rural Communities
to engage Community Based Organisations (CBO’s); Non Governmental Organisations (NGO’s) and other statutory bodies with the aim of joint participatory processes / programmes for rural development
to attend to other related matters

8.6.2 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 that includes two members from each provincial house, four members from Congress of Traditional Leaders of South Africa (Contralesa), Inkosi Mpiyezintombi Mzimela in his capacity as a South African National Aids Council (SANAC) representative and officials from both departments.

An HIV/AIDS Indaba was held on the 27 March 2002 in the Gauteng Province whereby each of the six Provinces, where Houses of Traditional Leaders exists, was represented by not more than 50 delegates.

This HIV/AIDS National Forum Task Team has the responsibility of seeing to it that the six Provincial Houses establish Provincial, Regional and Tribal HIV/AIDS Task Teams as matter of urgency.

Thus :-

The Eastern Cape Provincial House launched its Provincial HIV/AIDS Task Team on the 28th February 2002; North West Provincial HIV/Aids Task Team launched on the 28 February 2002, Free State Provincial House launched its task team on the 22 August 200; KwaZulu Natal Provincial House launched on the 20 September 2002; Limpopo Provincial House launched its task team on the 24 October 2002 and Mpumalanga Provincial House launched its task team on the 5 December 2002.

The House participated in the Moral Regeneration Movement launch, held in Pretoria on the 18 April 2002. Amakhosi had a role to play in reviving moral standards in their communities.

The committee forwarded duties/responsibilities where traditional leaders can play a role to the Honourable Minister of Home Affairs, Inkosi M Buthelezi, as was resolved during the meeting held with the Honourable Minister in Cape Town on the 19 March 2002. The said functions are amongst others, registration of birth and death certificates and issuing of identity documents.

The committee attended Parliament’s Public Hearings on Choice on Termination of Pregnancy held in Cape Town on the 14 May 2002. Amakhosi rejected the notion of abortion as it is viewed as uncultured and are calling for the maintenance of social values and standards.

The committee also participated in the workshop called by the Department of Justice on Child Justice Bill on the 29 October 2002, Kopanong, Benoni as well as by the Land Affairs Department on Communal Land Rights Bill on the 3 February 2003, Pretoria.

The committee’s chairperson attended and participated in the World Summit on Sustainable Development held from the 22 August to 4 September 2002, Johannesburg, South Africa.

The committee’s chairperson also attended a workshop with other stakeholders and government departments organised by Resource Africa. The aim of the workshop was to involve Amakhosi and other stakeholders in rural development projects and protection of the endangered species and or plants along the coastal areas. During the said workshop, the Protected Areas Bill from the Department of Environmental Affairs and Tourism was tabled for discussion by all the stakeholders.

The committee’s chairperson again attended a briefing by the National Food Emergency Scheme (NFES) in Johannesburg on the 16 February 2003. The purpose of the briefing was to engage all stakeholders in the process of distributing food parcels as an interim measure in curbing poverty in the rural areas caused by the rampant food prices and drought.


8.6.3 Challenges for the Committee for: 2003/04

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.

The committee will once more contribute and forward submissions to Parliament in respect of Bills having 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. Therefore, the committee proposed for the employment of a Parliamentary Officer for the national house by the department of provincial and local government in solving this problem.

The committee will continue making inputs to departmental policies that will have an impact on rural communities.

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 the committee felt that the role of Traditional Leaders has not been clearly illustrated, AND

- To engage the department of land affairs with land issues generally
- To engage other government Ministers in order to identify roles to be played by Traditional Leaders in their respective departments.
- To urgently engage the departmental social sector cluster with the aim of fully participating in the food distribution and poverty alleviation programmes in fighting rural poverty. Amakhosi believed that they are the entry points in rural areas and therefore need not merely be informed (which is not always happening) but to play a role in all the programmes.
- To identify and contact donor companies who could contribute in kind towards social upliftment of the living standards of rural communities.
- To form partnerships with government departments, non governmental organisations and community based organisations with a view to jointly mobilise funds, information and resources in the spirit of Letsema in reaching everybody.
- To in negotiate and ultimately secure social schemes for traditional leaders in affordable rates, for example, Medical Aid Scheme; Disability Scheme and Pension Benefits.
- To continue engaging the government in a campaign to capacitate traditional leaders and institutions so that they can execute their functions more professionally, quickly and responsibly.
- 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 and revival of colleges for the sons of traditional leaders including sponsoring education costs.
- To go on a fact finding mission and conduct research on how other countries have accommodated the institution of traditional leadership without compromising democratic principles.