Parliament, Friday, 23 August 2024 – The Portfolio Committee on Cooperative Governance and Traditional Affairs (COGTA) has called for more consideration to be given to alternative mechanisms of facilitating the reduction of disputes and conflicts affecting the country’s kingships and queenships in connection with the selection of successors to the thrones.
During the first day of its induction workshop for its members, the committee was briefed by the Department of Traditional Affairs on legally recognised kingships and queenships in South Africa, kingships and queenships without disputes and those with disputes, causes of traditional leadership disputes and proposed solutions as well as progress on the processing of new applications for kingships and queenship recognition.
The committee was informed that South Africa currently has ten legally recognised kingships and one legally recognised queenship. Six of the ten kingships are in the Eastern Cape province, one in the KwaZulu-Natal province, two in the Limpopo province and one in the Mpumalanga province. The one queenship is in the Limpopo province. Five of the kingships that are not disputed include the AmaNdebele, AbaThembu, AmaMpondo of Nyandeni, AmaMpondomise and AmaRharhabe. The Modjadji Queenship is also not disputed. The remaining five kingships which have legal disputes and are currently matters that have been taken to court include VhaVhenda, BaPedi, AmaMpondo, AmaXhosa, and AmaZulu.
These court battles have affected most of the country’s kingships and queenships including the VhaVhenda, BaPedi, AmaNdebele, AmaXhosa, AmaMpondo, AmaMpondomise, AmaZulu and the Modjadji Royal Kingdoms. While the committee understands and appreciates the role of the courts in resolving these disputes and claims, it calls for more consideration to be given to alternative mechanisms of facilitating the reduction of these disagreements. The current absence of an effective traditional institutional mechanism that prevents disputes from playing out in the courts is of great concern to the committee. The committee therefore recommends the exploration of an alternative dispute resolution mechanism, preferably located within the institution of traditional leadership.
The committee affirms and supports the government’s recognition of successors based on each royal family’s recommendations as informed by its customs, historical and cultural considerations. This includes examples such as the resolution of the Queen Modjadji case in the Limpopo province. The committee has also isolated the well-known and outstanding issues specific to King Mabhena from the KwaNdebele Kingdom and will be addressing these including following up on the outcomes of the President’s visit and a court ruling with a view to bringing the matter to closure.
The committee was also briefed on the implementation of Spatial Planning and Land Use Management (SPLUMA) in traditional communities. Traditional leaders have raised concerns with the implementation of SPLUMA in its current form that is eroding the powers and functions of traditional leaders. The committee is aware that these concerns have resulted in the development of the SPLUMA Amendment Bill and SPLUMA Regulations Amendments.
The committee notes the traditional leaders’ long-standing discontent with the Spatial and Land Use Management Act (2013) including concerns around procedural matters concerning the Act’s referral to the National House of Traditional and Khoi-San Leaders. While the committee notes and welcomes the contemplated introduction of a SPLUMA Amendment Bill, it recognises that amending the legislation is outside of the Department of Traditional Affairs purview, but will continue engaging the matter in line with its parliamentary-mandated responsibility.
ISSUED BY THE PARLIAMENTARY COMMUNICATION SERVICES ON BEHALF OF THE CHAIRPERSON OF THE PORTFOLIO COMMITTEE ON COOPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS, DR ZWELI MKHIZE.
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