NATIONAL HOUSE OF TRADITIONAL LEADERS

BUDGET REVIEW REPORT:  2006/2007

 

A report presented to the Parliament of the Republic of South Africa, in fulfilment of section 7(2) (d) of the National House of Traditional Leaders Act No.10, 1997, as amended.

 

 

A.      FOREWORD BY THE CHAIRPERSON

 

This report covers a wide spectrum of programs of the National House, government and the institution of Traditional Leadership as a whole. It also provides some clarity on certain aspects of the institution of traditional leadership. Furthermore the Committee will be requested to assist in the capacitating of traditional institutions. In our previous engagement with the committee, the committee made a commitment to call a workshop like meeting where we will engage extensively on the various pieces of legislation that have direct bearing on traditional leadership. This report will, however, not challenge the committee on its previous commitment but to request that the committee sets aside a day or two for this purpose.

 

The report will indicate the following:

 

·         Programs of the NHTL;

·         Participation of Provincial Houses in the National House of Traditional Leaders;

·         Cooperation between the National House and the government;

·         Strategic positioning of the NHTL; and

·         The establishment of SADC-KHOTLA.

 

The National House of Traditional Leaders acknowledges the fact that it has not reached the objective of being recognized as a national public entity. The House intends to develop to the said status in the next financial year depending on the budget that shall have been appropriated.

 

The following are the challenges of the House:

·         The Act of the National House needs to be amended in order to move towards the autonomy and to give more authority to the NHTL;

·         Lack of oversight functions of The National House on all Houses of Traditional Leaders;

·         Budgetary constraints

 

In conclusion, the National House of Traditional Leaders urges the Committee to assist in the plan of the House to economically develop rural people and to eradicate poverty for we are not free, as a people, as long as some of us continue to live under abject poverty.

 

I thank you.

 

 

 

 

___________________________________

KHOSI FP KUTAMA

CHAIRPERSON: NATIONAL HOUSE OF TRADITIONAL LEADERS

 

 

 

B.                  REPORTING CATEGORIES

 

The report is divided into six sections. The first section deals with the Mandate, the Vision and the Mission of the National House. The second section deals with the structure of the House and the administrative capacity. Section three details the programmes of the House while Section Four contains international trips undertaken. Section five is the conclusion while recommendations are contained in section six. The report also contains annexure with the strategic plan of the House and a list of responses to questions posed by the committee during the previous budget hearings.

 

SECTION ONE

                                                                    

I.                    MANDATE

 

The National House of Traditional Leaders (the House) is a statutory body established by the National House of Traditional Leaders Act, 1997 (Act No 10 of 1997)(the NHTL Act) as amended. Its main objectives are to represent and advance the aspirations of Traditional Leaders and their rural communities at national level.  The Act stipulates the objects and functions of the House, among others, as follows:

 

·         To promote the role of traditional leadership within a democratic constitutional dispensation;

·         To enhance unity and understanding amongst traditional communities;

·         To enhance cooperation between the National House and the various Houses with a view to addressing matters of common interest;

·         To advise the National Government and make recommendations relating to any Matters relating to traditional Leadership; The role of traditional leaders; Customary law; and the customs of communities observing a system of customary law;

·         To investigate and make information available on traditional leadership, traditional authorities, customary law and customs;

·         At the request of the President, to advise him or her in connection with any matter referred to in this section;

 

The House further derives its mandate from the following pieces of legislation:

 

  • The Constitution of the Republic of South Africa
  • National House of Traditional Leaders Act, 1997 (Act N0 10 of 1997)
  • Traditional Leadership and Governance Framework Act, 2003 (Act 41 of 2003)
  • Communal Land Rights Act, 2004 (Act N0 11 of 2004)
  • Local Government Municipal Structures Act, 1998 (Act N0 117 of 1998)
  • Disaster Management Act, 2002 (Act N0 57 of 2002)
  • Other pieces of Legislation and policies

 

 

II.         VISION

 

To be a House of traditional leaders that ensures efficient and effective leadership and service delivery by the institution of traditional leadership for the advancement of the interests of traditional communities.

 

Thus the House must:

 

  • Ensure that it operates in a manner prescribed in its statutory mandate;
  • Promote the development of rural communities;
  • Work together with other primary stakeholders in the execution of its mandate;
  • Participate effectively in legislative and policy processes;
  • Ensure that the status and dignity of the institution of traditional leadership is restored, enhanced and preserved in South Africa, Africa and the world;
  • Develop programmes to address its capacity related challenges;
  • Promote the preservation of language and culture of the African people in line with section 30 and 31 of the Constitution.

 

III.        MISSION

 

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

 

Thus the House must:

 

·        Act as a custodian of cultures, customs and traditions;

·        Influence government policy and legislation especially in so far as it affects the institution and traditional communities;

·        Advise government on related matters;

·        Seek to be consulted at appropriate levels on policy and programmes that affect rural areas in general and traditional communities in particular;

·        Complement and support the work of government at all levels;

·        Form cooperative relations and partnerships with government at all levels in development and service delivery;

·        Play an oversight role on programmes intended to uplift communities; and

·        Ensure that there are skills development programmes for the institution and the institution is adequately resourced.

 

 

SECTION TWO

 

I.          STRUCTURE: MEMBERS

 

The National House of Traditional Leaders consists of 18 members elected from six Provincial Houses of Traditional Leaders for a five-year term. The following are the current members of the House:

 

N0

Member

Position

Gender

Province

01

Khosi FP Kutama

Chairperson

Male

Limpopo

02

Hosi PC Ngove

Member

Male

Limpopo

03

KGOSHI M S DIKGALE

MEMBER

MALE

Limpopo

04

Morena MF Mopeli

Deputy Chairperson

Male

Free State

05

MORENA M I MOTLOUNG

MEMBER

MALE

Free State

06

KGOSIGADI AGG MOROKA

MEMBER

FEMALE

Free State

07

Inkosi MB Mzimela

Member

Male

KwaZulu Natal

08

Inkosi MWT Mavundla

Member

Male

KwaZulu-Natal

09

Inkosi SS Kunene

Member

Male

KwaZulu-Natal

10

KGOSI S V SUPING

MEMBER

MALE

North West

11

KGOSI M J PILANE

MEMBER

MALE

North West

12

KGOSI PP MAUBANE

MEMBER

MALE

North West

13

INKOSI M S MAHLALELA

MEMBER

MALE

Mpumalanga

14

INKOSI J V NHLAPO

MEMBER

MALE

Mpumalanga

15

INKHOSIKATI ES MKHATSHWA

MEMBER

FEMALE

Mpumalanga

16

PRINCE Z S MAKAULA

MEMBER

MALE

Eastern Cape

17

INKOSI T J MABANDLA

MEMBER

MALE

Eastern Cape

18

INKOSIKAZI N D MHLAULI

MEMBER

FEMALE

Eastern Cape

 

 

The figures above show a gender composition of three (3) female traditional leaders and fifteen (15) male traditional leaders. Such a composition and representation relies solely on the electoral processes in the Provincial Houses - since members of the House are elected from provinces. Except for the provisions of the Framework Act regulating the gender composition of Traditional Councils, there is no regulation of the gender composition of Houses of Traditional Leaders, hence the importance of amending the National House of Traditional Leaders to make this a requirement for provinces to comply.

 

II          STRUCTURE: ADMINISTRATION

 

The current administrative capacity of the House consists of one official and 13 officials seconded by the DPLG to the NHTL in terms of the National House Act. Two Admin Assistant positions are currently vacant since the erstwhile incumbents left the positions. Necessary steps are in place to fill the vacancies as a matter of urgency. There is still a need to refocus on the organogram of the House to ensure that we attract the relevant skills to implement the mandate of the House. We have requested the Deputy President of the Republic to second an expert on project management (through JIPSA) to the House in order to facilitate development in rural areas. Although the House is participating in the budgetary process, through making submissions to the Department of Provincial and Local Government (DPLG), the budget allocated to it still falls short of its plans.

 

 

Original Budget 2006-7

Adjusted budget

Difference

 

Budget for 2007-8

8,258,000

8,758,000

500 000

8,694 000

 

Below is the administrative structure of the House:

 

 

 

Position

 

Current Incumbent

 

Level

 

Gender

1

Secretary/ CEO

Sithole AM

Level 14

Male

2

Senior Manager

Khandlhela RS

Level 13

Male

3

Manager: Legal Services

Tshabalala M

Level 11

Female

4

Manager: Parliamentary Services

Maifadi SM

Level 11

Male

5

Manager Communications

Linda M

Level 11

Male

6

Communications Officer

Koole T

Level 8

Male

7

Senior Planner

Mabusela M

Level 8

Female

8

Researcher

Maringa Z

Level 8

Male

9

Transport Officer

Sibanda J

Level 8

Male

10

Admin Assistant

Molapong J

Level 5

Female

11

Admin Assistant

Seete F

Level 5

Female

12

Admin Assistant

Vacant

Level 5

? to be filled soon

13

Admin Assistant

Vacant

Level 5

? to be filled soon

 

 

 

SECTION THREE

 

I.                    PROGRAMMES OF THE HOUSE

 

The National House embarked on a number of programmes in fulfilment of the following strategic goals:

 

A.                  Advancement of Service Delivery

B.                  Custodianship of cultures, customs, traditions and values

C.                  Pro-Active Communication

D.                  Capacity – A fully capacitated and capable NHTL and Institution

 

 

 

 

A.                  Advancement of Service Delivery

 

(a) Alignment of Strategic Plans of Houses

The House agreed with all the Houses of Traditional Leaders to align their strategic plans with that of the National House.  The alignment of plans will increase joint focusing on strategic issues including the implementation of laws. The challenges to these alignments are the resources to implement the plan. The Houses are not adequately funded by their provinces irrespective of the requests they put forward to their relevant treasury through the mother department. This will remain a challenge throughout the life span of the Houses, as long they are not adequately funded and they remain an appendix of another department which is not its core mandate.

 

(b) Establishment of Forums

The NHTL Act requires the House to have adequate information and knowledge on what is happening in the provinces. This was further qualified by the strategic objective of the NHTL, hence the alignment of the strategic plans mentioned above. This has led to the establishment of Forums linked to the committees of the Houses. These forums are led by the NHTL and have specific goals to achieve. The forums established so far are:

 

  • The Social Development Forum
  • Internal Arrangement Forum
  • The Constitutional Development Forum
  • The Traditions and Cultures Forum

 

(c) Building Sound Relations Between the House and Government

Prior to the promulgation of the Traditional Leadership and Governance Framework Act, 2003, the relationship between the House and government was not optimal. However, great strides have been made to build and sustain good relations. Such is, inter alia, demonstrated by the following:

 

v      Resources for the Office of the Chairperson

The Chairperson and the Deputy, being full time members of the House, are now accommodated at the expense of the House. This is one step in realizing that the full time Public Office bearers have an important role to play in the day to day running of the House and the affairs of Traditional Leaders. The DPLG further provides vehicles for the two full time members in order for them to carry out their duties.

 

v      Increased Interaction with other National Government Departments

In the past year, solid ground has been laid for increased and meaningful interaction with other government departments, as evidenced by the following:

 

·         A courtesy visit to the NHTL Offices and the subsequent meeting between the Deputy President, Ms Mlambo-Ngcuka, members of the NHTL and Chairpersons of Provincial Houses to discuss ASGISA;

·         A meeting between MANCO and the Cabinet to discuss the activities of traditional leadership and the roles and functions that government can allocate to traditional leaders as per the Framework Act;

·         A meeting between the Chairpersonship and the Minister of Public Works; Ms Thoko Didiza to discuss the accommodation of full time members, the Chamber and the EPWP;

·         A meeting between the Chairpersonship and the Minister of Arts and Culture, Dr Pallo Jordaan to discuss issues relating to heritage and the use of indigenous languages;

·         A meeting between the Chairpersonship and the Minister of Education, Ms Naledi Pandor to discuss the role of traditional leaders in educational matters; and

·         A meeting between the Chairpersonship and the Chairperson of the National Council of Provinces, Mr MJ Mahlangu to discuss the working relationship and participation of the NHTL in the NCOP processes.

 

During the Annual Conference of the Houses of Traditional Leaders, the Ministers committed themselves to holding a meeting with the House to discuss the implementation of the Framework Act (delegation of functions to Traditional Leadership). The DPLG is working on this interaction.

 

The positive light in which government views the House was demonstrated as follows:

 

  • The involvement of the National House in the Ministerial Task Team on the efficient functioning of the Houses;
  • The attendance of the 2006 Annual Conference of Traditional Leaders by the President and six Cabinet Ministers;
  • The attendance of the 2007 official opening of the NHTL by the President, the Speaker of the National Assembly, the Deputy Chairperson of the NCOP, three Cabinet Ministers, three Deputy Ministers and members of the Portfolio Committee on Local Government;
  • The opening of the conference by the Executive Mayor of Tshwane Metro Council Dr. Gwen Ramokgopa;
  • Attendance of the opening of the House by the Chairperson of SALGA Mayor Masondo.

 

 

 

(d) Participation in Legislative Processes

The National House of Traditional Leaders is actively participating in the Legislative processes. A number of inputs were presented to the different committees of Parliament such as the Home Affairs Portfolio Committee on the Civil Union Bill. Our participation in the committees was acknowledged and encouraged by the Chairperson of the NCOP, as a mechanism of making changes in this democratic country.  The participation is not only in Parliamentary processes but also at Departmental level. We have met on a number of instances with the Department of Justice to discuss the proposed Traditional Courts Bill.

 

(e) HIV and AIDS

One critical challenge facing the House and all Traditional Institutions is to fight the scourge of HIV/AIDS from spreading like wild fire. The House is seriously considering the revival of the Traditional Leaders HIV and AIDS chapters (Traditional Leaders HIV and AIDS Forums) that were established a few years ago.

 

The House has further contributed to the SANAC program on developing the country’s five-year HIV and AIDS strategy.  

 

(f) Women Indaba

The House hosted a women indaba as part of the progress made since the Kopanong conference of 2005.  The aim of the conference was to evaluate the milestones on women capacity building and implementation of the Kopanong and provincial conferences. The resolutions of this second conference gave a sound milestone that the House can use to track the progress made and together with the Social Development Department to evaluate the successes and challenges. 

 

(g) Safety and Security

The role of Traditional Leaders as described in the White Paper on traditional leadership and the Framework Act regarding Safety and Security is clear and practical. Traditional Leaders in some Provinces are actively participating according to the pillar approach adopted in compliance with the National Crime Prevention Strategy (NCPS):

 

Criminal Justice System (CJS)

Social value and Education-

Environmental design

Transnational crime

 

Emanating from the above pillar approach, Traditional Leaders are involved in the CJS and the Social Value and Education. Therefore, the NHTL resolved to sell the approach to all Provinces in order to play a more meaningful role in crime prevention, fighting and education of our people. The model has proved beyond reasonable doubt that it has drastically succeeded in reducing crime. The approach has changed crime fighting into a community matter where every member of the community contributes in eradicating crime.

 

 

B          Custodianship of cultures, customs, traditions and values

 

(a) The Continental House of Traditional Leaders (CHOTLA)

In 2003 traditional leaders from various African countries attended a Panafest Conference in Ghana, wherein the idea of establishing a continental body for traditional leaders was conceptualised. The idea of establishing such a body was a proposal of the NHTL, which was unanimously adopted by traditional leadership structures from other countries.

 

(b) The SADC-KHOTLA

The House was tasked with the responsibility of mobilizing traditional leaders in the SADC region to buy into this noble idea. Commendable strides have been made in this regard. Traditional leaders from Namibia, Botswana, Lesotho, Zambia and Zimbabwe have been consulted. Two meetings of Chairpersons of Houses of Traditional Leaders took place in South Africa and SADC-KHOTLA has been adopted as the name for the regional house. The Chairpersons of Houses of Traditional Leaders in the region will meet again to finalize logistics relating to the launch of the SADC KHOTLA, which should take place this year (2007).

 

(c) Culture

Culture is one of the priorities of the House’s operation and performance. As part of its operation, the House has together with the South African Human Rights Commission and the Commission on the rights of Religious, Cultural and Linguistic Communities conducted public hearings on initiation Schools. The intentions of the public hearings were to get the reasons for the deaths and mismanagement of the Schools.

 

The House participated in a number of policy development workshops organized by the Department of Arts and Culture and further met the Minister to discuss, inter alia, the revival and development of some cultural practices. Emanating from the above and from other engagements with Ministers, the House has considered reviving and aligning some cultural practices that have been lost as a result of modernity and technological advancement.  The revival of these cultural practices will contribute to the improvement of amongst others our indigenous languages through story telling and poetry. It will further ensure that family values are strengthened.

 

C          Pro-Active Communication

 

(a) Relationship with SALGA

The 2005 Annual Conference of Traditional Leaders resolved that the relationship between the House and SALGA must be strengthened. Although the set target of four meetings per year between the two organizations has not been realized, strides have been made in strengthening the relationship between the two organizations. This is evidenced by the finalization of the Memorandum of Understanding between the House and SALGA. Poverty is the number one enemy in the entire country and meaningful co-operation between the two organizations will immensely contribute to its eradication. The House appreciates the presence of the Chairperson of SALGA during its 2007 Annual opening.

 

 

(b) Relationship with UNISA

The House has been involved in a number of discussions with other organizations to build relationships. The House has concluded a memorandum of understanding with the University of South Africa with the following objectives:

 

  • Define and interpret the constitutional and legislative mandate of the NHTL clearly, succinctly and in sufficient detail to give it a meaning so as to adopt a plan of action for effective implementation of those constitutional and legislative imperatives;
  • Work together with the NHTL to strengthen the capacity of traditional leaders to participate in the legislative process through the establishment of deliberative and consultative mechanisms within the house structure;
  • Increase awareness within the NHTL, among its constituencies and in the country at large of its responsibilities and obligations in the domain of traditional leadership, customary law and democratic governance;
  • Strengthen efforts of the NHTL to contribute towards African Renaissance;
  • Work towards the establishment of a Continental House of Traditional Leaders;
  • Facilitate the participation of the NHTL in the African Union, NEPAD programmes and the African Regional Economic communities;
  • To be a strategic partner in the generation, distribution and application of knowledge on African Renaissance; and
  • To create linkages with communities under the jurisdiction of traditional leaders.

 

D          Capacity – A fully capacitated and capable NHTL and Institution

 

(a) Capacity building program for traditional leaders

It is a known fact that for an organization to be successful, it must be capacitated. The NHTL together with the DPLG, SALGA and LGSETA have embarked on a process to acquire training needs for traditional leaders. The training needs workshops were conducted by the LGSETA throughout the six provinces where there are traditional leaders. The first training on Local Economic Development and Community Development will be conducted in the first quarter of the next financial year (2007-8).

 

(b) Capacity building on Gender Violence

Since the signing of the Memorandum of understanding with the Department of Justice and the National Prosecuting Authority, a milestone was achieved wherein the first formal training took place. All provinces were trained on phase one of Gender Violence. The House is proud to announce that about sixty traditional Leaders who have been declared competent will receive their certificates and those who are not yet competent will be retrained on those aspects they did not master.

(c) Poverty Alleviation

The NHTL is participating in the poverty alleviation programs through the spouses of traditional leaders who have been trained for that purpose by the Department of Social Development. The spouses and female senior traditional leaders are leading orphanages, gardening and other relevant empowerment programs. This program is proving to be successful in the provinces where it has been implemented.  As indicated earlier under once traditional leaders are trained in Local Economic Development, it will be easy for them to utilize whatever mechanism to contribute to LED.

 

The Department of Social Development held a women capacity building conference in Durban. This capacity building was aimed at implementing the resolutions taken at the second national conference of women.

 

The Department of Social Development and the National House will monitor the above-mentioned capacity building jointly as partners in women development. This capacity building will ensure that women play a more significant role in the community building and poverty alleviation.

 

(d) National House of Traditional Leaders as an autonomous body

The National House of Traditional Leaders has a plan to realise itself as a public entity in terms of the Public Finance Management Act, 1999, to enable it to have its own budget and perform its own mandate. The implementation of the Framework Act will indicate the need for the Constitution to be amended to include the powers of traditional leaders.

 

SECTION FOUR

 

I.    International Trips

Country

Purpose of the visit

Achievements (successes)

Namibia

Attending the conference of Traditional Leadership of Namibia to explain the progress made.

The Namibian traditional Leaders applauded the progress made and re-confirmed their support

Zimbabwe

Attending the conference of Traditional Leaders of Zimbabwe

Solid relationship established with

Zimbabwe Traditional Leaders

Botswana

Attending the inauguration of the Botswana House of Chiefs

Building of inter-country relationship

 

SECTION FIVE

 

Conclusion

 

The report has attempted to detail the engagements of the House for the financial year 2006/07. Programmes of the House are listed alongside the strategic goals. It is shown that all programmes are intended to assist the House in achieving its strategic goals. A section has been dedicated to the structure of the House to show the membership of the House and the administrative capacity. A concern has been raised that the capacity of the House needs improving in order for the House to deliver on its mandate. The report has further shown the relationship the House is building with government departments and other agencies. A number of memoranda of understanding have been signed to solidify these relations. The role of traditional leaders in various structures and bodies has also been shown.

 

 

SECTION SIX

 

Recommendations

 

It hereby recommended that the Committee assist in hosting a workshop with all the relevant stakeholders in government to deal with the challenges of implementing the Framework Act.

 

 

 

 

 

 

 

 

 

ANNEXURE “A”

 

 

PERFORMANCE OF THE NATIONAL HOUSE OF TRADITIONAL LEADERS 2006-7 FINANCIAL YEAR

 

STRATEGIC GOAL

 

OBJECTIVE

OUTPUT

PERFORMANCE MEASURE/INDICATOR

Actual Performance against target

Target

Actual

Advancement of Service Delivery

To facilitate the Implementation of Laws and Policies

Clarification of roles for the successful implementation of the White Paper on Traditional Leadership and the Traditional Leadership and Governance Framework Act, 2003 and other pieces of legislation

 

o     Meetings with Government Departments to determine the delegation of functions to traditional institutions.

 

o     Meeting with the portfolio committee to discuss the functioning of the NHTL and all other Institutions of Traditional Leadership in relations to the pieces of legislation.

Four meetings

 

 

 

 

 

 

One meeting

 

Two

 

 

 

 

 

 

 

One

 

Develop partnerships with stakeholders to advance service delivery and promote development.

Developed Partnerships with stakeholders.

· MoU has been signed with UNISA to promote sound participation of NHTL in NEPAD and other processes.

· A partnership with NPA is been implemented.

·   MoU with SALGA was signed to facilitate effective participation of traditional leaders in the municipal governance processes. 

Two new partnerships

 

 

 

One partnership entered into with UNISA

 

 

Human Immune Deficiency Syndrome (HIV and AIDS)

Creation of awareness and non-discrimination against those infected.

o       Participation in the SANAC strategic development of HIV and AIDS.

o       Meetings with HTL’s on development of partnerships and working relationships were held through the Social Development Forum.

 

o   Four meetings of Social Development Forum.

 

o                    Four meetings held

 

Enabling Traditional Leaders to participate in development programmes.

To create an atmosphere for Traditional Leaders to participate in the development programs aimed at poverty alleviation

 

o       Traditional Leaders to actively participate in the IDP, PGDS and National Program of action (conference resolutions)

o       60%

o       30% achieved

 

To facilitate the establishment of the Continental House of Traditional Leaders (COHTLA)

Development of a plan for the establishment of the of the COHTLA

o       Five Countries had met and agreed on the establishment protocol of SADC-KHOTLA.

 

o       Four meetings.

 

o       Three meetings held

Custodianship of Culture, Custom, Tradition and values

 

Strategy and plan

Development of a strategy and plan on preserving the Indigenous Knowledge

o       A discussion with the Minister of Arts and Culture was held to discuss the matter.

o       A meeting of Chairpersons of TCC committees was held to discuss the strategy.

 

o       Two Meetings

Two meetings held

 

Development of partnership on culture with Institutions of higher learning

Establishment of a working relationships with Institutions of higher learning with the intention to develop a partnership

 

o       MoU signed with Unisa to concentrate amongst others development and preservation of culture.

o       One University identified

Meeting with UNISA is underway

 

Facilitate the development of educational programmes

Facilitation of the development of an IKS curriculum

 

o       IKS curriculum developed.

Curriculum to be developed

Meeting s to be held

 

Ensure the use of indigenous languages across South Africa and the inculcation of values

Improved use of indigenous languages

 

o       Improved usage of indigenous languages by Public representatives during their debates and gatherings.

 

o       20%

o       10%

Proactive Communication

 

To develop and implement communication strategy

Improved communication between the National House and stakeholder.

o       Implementation of the Communication Strategy of the National House of Traditional Leaders

 

o       100%

o       20%

 

To raise the profile of the NHTL

Improvement of the image of the NHTL

o       Implementation of communication strategy in order to raise the profile of the NHTL.

 

Media utilization (features and media statements

One feature and a number of media releases.

Targeted Capacity Building to NHTL and Institutions of Traditional Leadership

 

Development of the Performance Management and Human Resources Systems.

Performance Management and HR’s Systems developed

o       Performance management, HRM and HRD Systems is available from the Government and is used by the NHTL

o       Existing DPLG policies

o       Existing DPLG policies

 

Research

Research capacity to support the NHTL in the execution of its duties established.

 

o       A research unit has been established in the NHTL.

o       50%

o       10%

 

Management Systems

Financial and Human Resource Management systems established

 

o       Financial and Human Resource Management systems of the Government are available and utilized by the NHTL.

o        

o       100%

o       100%

Autonomous HTL

Recognition of the NHTL as an autonomous entity

Recognition of the NHTL as an Autonomous entity

 

o       Plan to realize the NHTL as a National Public Entity is in progress.

o        

o       30%

o       10%

 

 

 

 

ANNEXURE “B”

 

 

 COMMENTS BY THE JOINT PORTFOLIO COMMITTEE (2006-7 FINANCIAL YEAR)

 

The Joint Portfolio Committee raised the following comments:

 

 

1.         The program of action is past orientated

 

The secretary responded by going through some of the programs and plans of the House to indicate that they are more future than past oriented. They showed precisely what the NHTL intends to achieve in the next three years.

 

            Progress Made

The plan will be reviewed on an annual basis to ensure that it is still in line with the mandate of the NHTL and the institution of traditional leadership. The Committee will be invited to contribute to the plan so that there is the same thinking and understanding of our operation and mandate.

 

2.         What is the DPLG doing to support the NHTL

 

The DPLG Ministry has appointed a two-a-side task team comprising of officials from dplg and NHTL to investigate and recommend on the effectiveness and functioning of the NHTL and all the Houses of Traditional Leaders. The other support is the whole administrative support like HR, Finance, IT etc.

 

Progress made

The two-a-side task team has completed its work and tabled the report to the Ministry for consideration and approval. The approval of the report will see the amendment or the repeal of the present legislation of the National House of Traditional Leaders in order to give it more responsibilities and accountability as follows:

 

·         Interventional powers of the NHTL in any Provincial House or Traditional Institution if so required or    requested

·         The Act of the National House needs to be amended in order to move towards the autonomy and to give             more authority over all Houses and Institutions of Traditional Leadership.

·         The National House may play an oversight role over all Institutions of Traditional Leadership.

·         All Houses of Traditional Leaders should have their terms of office aligned with that of the National House.

·         All Houses be given the budget that will enable them to deliver on their mandate.

 

 

3.         The NHTL is mostly composed of Men as opposed to Women members

 

The NHTL comprises of members from Provincial Houses. The NHTL is silent on the issue of gender and it is only provided for in the Framework Act that a certain percentage of women should be represented in the traditional council.

 

Progress made

 

The approval of the report by the two-a-side team, which recommends the amendment of the NHTL Act to provide for the representation of women in the NHTL, will be the only solution.

 

 

4.     What initiatives were done by the NHTL to communicate with Provincial Governments on Traditional Leadership matters?

 

Requests to meet with the Premiers Co-ordinating Council were made and a response is still awaited. The NHTL has as well addressed the PCC whereby certain challenges were put to the Premiers for consideration.

 

Progress made

 

The NHTL was supposed to address the PCC last year (2006) in December, which amongst other issues was going to be the matter of inclusion of traditional leadership in the programs of government. This would have led to the agreement by the PCC to allow the NHTL to address the Premiers Co-ordinating Committees on the subject of AmaKhosi.

 

 

 

5.         Portfolio Committee to meet with the NHTL and agree on oversight matters

 

The NHTL welcomed the idea and the fact that the Joint Portfolio committee will facilitate the first meeting. This will assist the NHTL in ensuring that it delivers in terms of the understanding of the committee and the mandate of the NHTL.

 

 

Progress made

 

The Portfolio and Select Committees to consider arranging a date for such engagement.

 

 

 

 

 

 

6.     Traditional Council’s willingness or unwillingness to participate or cooperate with Municipal Councilors,

 

Traditional Councils including headmen and headwomen need to be capacitated in order to clearly understand the role of Municipalities in their areas. They need to be capacitated on cooperative governance so that they can have a better understanding of service delivery programs in rural areas.

 

Progress made

 

The MoU with SALGA will assist the two organizations to co-operate. Furthermore, proper resourcing of the Traditional Councils will ensure that at least they can deliver on their mandate together with the Municipality through partnerships.

 

7.         Difference between the Traditional Authority and Traditional Council

 

The difference between the two is that the first one is the Old order that did not require women and direct election to be held prior to its constitution (untransformed). The latter is the transformed Institution, which is expected to be composed of 40% directly, elected and 60% selected by the traditional leader after consultation with the royal family. Within the percentages there must be a one third representation of women.

 

8.         Is the status of Traditional Council equal to the Municipality?

 

Municipality has the law making powers, collection of taxes whereas the traditional council does not have the above. The powers and functions of the Traditional Council are clearly defined in the Framework Act, which will be discussed in the workshop to be called by the Portfolio Committee.

 

Progress made

 

The workshop to be arranged by the joint committee will ensure that such clarifications are made.

 

9.         Audited Statement with the DPLG

 

All its finances and other matters like IT etc, of the NHTL are managed by DPLG.

Progress made

 

DPLG will respond to all financial matters of the NHTL because the NHTL corporate services is handled by the DPLG.

 

10.  SADC-KHOTLA vis- a-vis Internal Capacity? What are the consequences?

 

NHTL is leading the process of establishing the SADC-KHOTLA. The various committees of the House are properly running the internal processes of the NHTL. Regular meetings of the NHTL with Provincial Houses in terms of Forums are encouraged where each forum will share its challenges and successes. The NHTL has not abandoned the internal processes but as part of the SADC and the Continent it must engage other traditional leaders outside the borders of South Africa. When one puts a scale on the above it will be 70-30 % meaning internal processes receive seventy percent and external 30%.

 

Progress made

 

NHTL has given itself more time to concentrate on the internal processes though engaging other traditional leaders outside the borders of South Africa.

 

11.  IKS- Interdepartmental Committee

 

The NHTL is not participating in the said committee; however, it does have a working relationship with the Department of Arts and Culture.