The Role and Rights of Traditional Councils in a Modern Democracy

Paper presented at the conference entitled Building partnerships between traditional councils & local government to enhance excellence in service delivery. Durban, South Africa 14-15 June, 2007

Authors: Kgabo Masehela & Simon Mothoa

The role and rights of traditional leaders in South Africa is documented by various policies and legislations including the Constitution of South Africa. In modern democracy debates on the role to be played by traditional leaders on land development, land distribution and administration has always been a contested terrain in South African. The paper reviews the various policies and legislations that intend to empower traditional leadership institution. We largely contextualize our discussion on the public hearings held on the Bill of Traditional Leadership and Institutions (2005). The discourse emanating from research conducted in the districts of Limpopo Province have largely informed the structure of this paper. Indications are that at a conceptual level traditional leaders are recognized and practically they enjoy little recognition. At practical level they are still on the periphery of the implementation of many community developments and therefore not brought to the center. The paper finally contests that education amongst the traditional leaders about most of the legislation that will affect their roles and level of participation within their local municipalities is absolutely necessary. This capacity building and empowerment of traditional leaders should include training on Public Finance Management Act. In conclusion, the paper raises questions for further research inter-alia; the extent to which women are empowered in both traditional leadership positions and agricultural farming. Although the discourse and discursive practices on women rights to land and farming is answered from a feminist perspective, data in South Africa is yet to be well collated.

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