Former President Kgalema Motlanthe, who chairs the High Level Panel on Assessment of Key Legislation and Acceleration of Fundamental Change, was told by representatives of the Congress of Traditional Leaders of South Africa (Contralesa) that they felt like “the stepchildren of democracy”.
Contralesa had been invited by the High Level Panel to make representations on whether the Traditional Leadership and Governance Framework Act had been effectively implemented. The Congress was asked by the Panel how legislation, included proposed amendments, impacted on their role as traditional leaders.
Mr Motlanthe made it clear at the roundtable discussion, held in Cape Town on Wednesday, that the Panel wished to hear the views and inputs of Contralesa on whether there was “too much legislation or too little”. He explained that the Panel aimed to find out to what extent current legislation was in alignment with customary law.
The Panel has traversed the country calling on citizens to make their voices heard, and at Wednesday’s talks he invited the traditional leaders to identify “gaps in the legislation” that they have experienced.
The President of Contralesa, Kgosi SetlamoragoThobejane, held no punches in his input to the round table discussion. He said the Congress had “mixed feelings” about the invitation to address the Panel as, in its view, the Constitution has failed to recognise the authority and contribution of South Africa’s traditional leaders.
The Panel had submitted in advance questions for discussion around the functions and principles of traditional leadership and where it saw itself in relation to national, provincial and local government. The Contralesa leaders spoke frankly of the difficulties they experienced as their rural constituencies simultaneously fall under the authority of local municipalities.
Asked what value the institution could play in improving the lives of South Africans, the delegation described the important role it had to play in preserving traditional law and culture and maintaining long-held moral values.
The traditional leaders who spoke for the Congress raised the problem of disparate funding granted to traditional authorities, saying lack of funds and infrastructure prevented Contralesa from playing its historical role. The roundtable was told that in three municipal areas Contralesa offices had been closed by local officials. According to the Contralesa representatives they, as traditional leaders, cannot make inputs into local Integrated Development Plans (IDPs).
The Panel invited the traditional leaders to make further submissions, giving their views on how legislation could be amended to fill these gaps. A second Round Table will be held with representatives from the National House of Traditional Leader, which was not available to attend the meeting.
The Speakers’ Forum, a structure of the South African Parliament and the Provincial Legislatures, appointed the High Level Panel to assess the effectiveness of key legislation passed since 1994. It has held hearings and round table discussions in all provinces and intends to submit its final report in August 2017. The panel’s focus areas are:
Poverty, unemployment, inequality and equitable distribution of wealth
Land reform and rural development
Social cohesion and nation building
Moira Levy
1 June 2017
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