NATIONAL HOUSE OF TRADITIONAL LEADERS (NHTL)

Attention : Mr Neil Bell

Unit Manager – Legislation and Proceedings

Parliament

 

COMMENTS OF THE NATIONAL HOUSE OF TRADITIONAL LEADERS (NHTL) ON FORESTRY LAWS AMENDMENT BILL - B.24-2005

INTRODUCTION

We have received a copy of the Bill which was introduced in the National Assembly on 12 August 2005 which has been referred to us by the Secretary of Parliament in terms of Section 18 (1) of the Traditional Leadership and Governance Act no. 41 of 2003.

 

We have considered the provisions of the Bill and wish to submit our comments as set out below.

 

COMMENTS

  1. NATIONAL FORESTS ACT NO. 84 OF 1998

When this legislation was passed the National House of Traditional Leaders had been recently established having been inaugurated in April 1997. Although the Interim Constitution Act, 1993 provided for referral of all Bills having a bearing on the institution of Traditional Leadership, the Final Constitution Act, 1996 did not provide for such referrals. It may be due to this reason that the Bill was not referred.

Be that as it may, the National Forests Act No. 8 of 1998 which is sought to be amended by the Bill regulates indigenous and National Forests. Many of these forests, if not all, are in land occupied and governed by the institution of Traditional Leadership. These forests were and are still protected and governed by Traditional Authorities.

These forests were and are still used by traditional communities for building their houses, fencing of homes, and stock kraals. Furthermore some of the trees and its roots were and are still used as medicine by Traditional Leaders and Traditional Healers respectively.

 

We therefore have vested interest in preservation, protection and promotion of these forests.

We consequently propose that the powers vested in the Minister should be exercised by Traditional Councils envisaged by Act 41 of 2003 in respect of forests within the areas of jurisdiction of Traditional Councils. Alternatively, the Minister’s powers in respect of forests within the areas of Traditional Authorities should be exercised in consultation with the heads of the Traditional Councils concerned.

We are not opposed to the establishment of trusts as contemplated by Clause 27A of the Bill. However, we propose that such trust, including Kwa-Zulu Ingunyama Trust, must be established in respect of each forest for the benefit of the communities living in the area.

We are consequently proposing that the entire Act must be reviewed so that even the definition section provides for definitions pertaining to the institution of Traditional Leadership. Furthermore the Act shall recognise the indigenous legal system in the administration of these forests.

 

B. NATIONAL VELD AND FOREST FIRE ACT, 1998

Similarly this Act was never referred to the National House for its comments before it was passed.

We therefore propose that the Act need to be reviewed in its entirety so as to make provision for the powers and functions of the institution of Traditional Leadership.

It is public knowledge that in areas under the jurisdiction of Traditional Authorities there are grass and forests that are regulated for the beneficial use of the residents.

Grass is used for grazing of stock, thatching of huts and houses and constructing circumcision lodges, etc. These are governed by the institution of traditional leadership in areas falling within the jurisdiction of Traditional Authorities.

We consequently propose that the powers vested in the Minister should vest in Traditional Councils or alternatively exercised by the Minister in consultation with the Head of Traditional Councils concerned.

 

 

CONCLUSION

We consequently propose that an addition to the mischief intended to be cured, the unintended consequence of excluding the institution of Traditional Leadership in the proposed Acts must be remedied.

The NHTL will embark on the process of having discussions with the Ministry of Water Affairs and Forestry on related issues herein and the Office of the Secretary to Parliament is kindly requested to also assist in realising the proposed engagement / dialogue.

 

DATED IN TSHWANE ON THIS 11 DAY OF NOVEMBER 2005

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KHOSI FP KUTAMA

DEPUTY CHAIRPERSON: NATIONAL HOUSE OF TRADITIONAL LEADERS

 

 

 

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