ADDRESS BY MINISTER PM MADUNA ON THE OCCASION OF THE
PUBLIC HEARINGS ON THE TRADITIONAL LEADERSHIP AND
GOVERNANCE FRAMEWORK BILL,

16 SEPTEMBER 2003, PARLIAMENT (CAPE TOWN)
Chairperson of the Portfolio Committee;
Chairperson of the Select Committee;
MECs;
Traditional leaders;
Members of the National Assembly and the NCOP;
Ladies and Gentlemen.

Introduction
(0) Today marks the drawing to a close of a long and arduous process. Indeed this is a significant development.

(1) Exactly five years ago, the Department of Provincial and Local Government initiated a policy process that involved extensive research and the audit of the institution of traditional leadership.

(2) This exercise led to the publication of the Discussion Document:
Towards a White Paper on Traditional Leadership and Institutions. The Department organised a consultative conference in August 2000 attended by all key stakeholders, including traditional leaders.

(3) In October 2002, with the approval of Cabinet, the Department released a draft White Paper. This was followed by the appointment of the task team charged with the responsibility of consulting all the stakeholders and finalising the draft White Paper.

(4) Subsequently Cabinet approved the final White Paper. It is important to mention that in the process, my colleague Minister Mufamadi appointed a political reference group comprising members of the Coalition of Traditional Leaders, provincial and local politicians. This group was consulted throughout the stages. A broad agreement was reached on all key issues.

(5) The final White Paper outlined the policy framework for the transformation of the institution of traditional leadership. The White Paper, amongst others, addresses the relationship between traditional practices and human rights, democratic local governance the transformation of the institution in line with a modern democratic state.

(6) In the main, the final White Paper was endorsed by all stakeholders, including traditional leaders.

Traditional Leadership and Governance Framework Bill


(7) With the endorsement of the final White Paper, Government proceeded to draft the Bill intended to give legislative effect to the policy framework as adopted.

The Bill seeks to set national norms and standards for the enactment of provincial legislation. It further seeks to define the place and role of the institution within the new system of democratic governance. For the first time in history, the institution will play a significant role in uplifting the standards of living of an estimated 14 million people in the rural- areas. It is -a fact that during the era of coloniaIism and apartheid, the institution became a tool of the government strategy of extending its control over Africans. In the process the institution was distorted.

Recognition of positions of traditional leadership


(9) One of the brutal effects of the interference in the institution by the colonialists and successive apartheid governments, was the deliberate non-recognition of African kings and other legitimate traditional leaders. Significantly the Bill seeks to restore this status and accord recognition to all those who, by custom and tradition, are entitled to it. Uniform national guidelines on the role and functions of kings will be developed once the Bill has been passed into law.

(10) It should however, be borne in mind that all this is taking place in a totally different constitutional context, where South Africa has since become a full-fledged republic - a state where supreme power is held by the people and exercised through their duly elected representatives. In other words the understanding of government is that this exercise reflects no intention to revert to the status that prevailed before the advent and intervention of colonialism and apartheid.

Functions of Traditional Councils


(11) During the apartheid era, traditional structures of governance were abolished. In their place, structures such as tribal and regional authorities were created. These structures were allocated insignificant functions. Such structures will now be abolished. Traditional Councils blended with elements of democracy will be established.

(12) These structures will perform visible and important functions such as:

a - supporting municipalities in the identification of community needs;
b. participating in development programmes of municipalities and of the provincial and national spheres of government;
c. promoting indigenous knowledge systems for sustainable development;
d. assisting, supporting and guiding traditional leaders in the exercise of their powers and the performance of their functions;
e. administering the affairs of the traditional community in accordance with custom and tradition;
f. promoting the ideals of co-operative governance, integrated development planning, sustainable development and service delivery.

(13) These direct functions will be complimented by additional roles to be allocated by different government departments. For the Traditional Councils to effectively perform these functions, Government must plough in enough resources in order to strengthen and capacitate these structures.

Partnerships between traditional councils and municipalities


(14) The absence of legislation governing the institution of traditional leadership created an atmosphere of uncertainty regarding the relationship between democratically elected municipalities and traditional leadership structures. This impacted negatively on the basic delivery of services to the majority of people who live in conditions of extreme poverty in the rural areas.

(15) The Bill has opened a window of opportunity for municipalities and traditional councils to co-operate with each other in the spirit of cooperative governance. Traditional Councils have now been given a strong voice in matters of development. Government believes that the envisaged partnerships will go a long way in accelerating service delivery in the rural areas.


Houses of Traditional Leaders

(16) The Bill retains the existing national and provincial houses, with an emphasis on capacitating members of the houses to perform their functions much more effectively.

(17) In addition to the aforegoing, District will be established. This is intended, cement the working relationship traditional leaders.

Houses of Traditional Leaders among others, to deepen and between municipalities and

Commission on Traditional Leadership Disputes and Claims


(18) The successive apartheid governments, contrary to custom, arrogated unto themselves the power to appoint and depose traditional leaders. Those who resisted encroachment upon the institution were harassed, deposed or forced into exile. In the result, many legitimate traditional leaders found themselves in the cold and isolated from their communities.

(19) Government is set to close this embarrassing chapter. A commission will be appointed by the President to investigate all disputes and claims dating from 1927 (the year in which the notorious Native Administration Act found its way into the statute books).

(20) Government hopes that all affected traditional leaders and communities will make use of this opportunity to present their disputes ?nd claims to the Commission.

Conclusion


In the end of this process, one thing is certain: the institution will be fundamentally transformed. It will not be the same. May I take this opportunity to wish you success in your deliberations. The future of the institution is in your hands.