Over the past two years, the Local Government Bulletin has published a series of articles examining judgments concerning the power of traditional leaders to allocate land.
Traditional leaders
Local government is partially responsible for fulfilling the right to housing. This responsibility is not without challenges.
In a series of judgments, the courts have made it clear that the unlawful practice of allocating municipal land by some unscrupulous traditional leaders needs to stop.
The recently constituted Government of National Unity (GNU) continues to dominate the news and political landscape of South Africa. This article reflects on the position adopted by and the concerns raised by traditional leadership during the process of establishing the GNU and shares ideas to shape the discussion on the review of the role of traditional leadership in South Africa’s governance framework.
This is the final article of a series of articles which examines the five major reasons why traditional leaders rejected the implementation of the Spatial Planning and Land Use Management Act of 2013 (SPLUMA) in their areas of jurisdiction. The previous article unpacked the fourth reason, namely, traditional leaders’ lack of trust in SPLUMA instruments. This article analyses the fifth reason, namely, traditional leader’s lack of trust in municipalities.
The article forms part of a series of articles which examines the five major reasons traditional leaders opposed the implementation of the Spatial Planning and Land Use Management Act of 2013 (SPLUMA) in the areas they govern. The previous article unpacked the third reason, namely, the exclusion of traditional leaders from the Municipal Planning Tribunals (MPTs). This article analyses the fourth reason, namely traditional leaders’ lack of trust in SPLUMA instruments.
This article is the third in a series of articles that analyse the five major reasons why traditional leaders rejected the implementation of Spatial Planning and Land Use Management of 2013 (SPLUMA) in their areas of jurisdiction. The previous article unpacked the second reason, namely, the misunderstanding of SPLUMA
In November 2022, an article which examined the implications of the Lepelle Nkumpi Local Municipality v The Bakgaga Ba Ga-Mphalele Traditional Authority and Others judgment was published in the Bulletin. In that judgment, the Limpopo High Court ruled that the Bakgaga Traditional Authority may not allocate municipal land and issue PTOs without the approval of the municipality.
This article is the first instalment in a series of articles that unpack the five main reasons behind the rejection of the Spatial Planning and Land Use Management of 2013 (SPLUMA) by traditional leaders in rural areas.
In a victory for rural communities, the Constitutional Court declared the Traditional and Khoisan Leadership Act (TKLA) unconstitutional. The Act came into force shortly before the 2019 national general elections but has now been set aside. The Act regulated aspects of the institution of traditional leadership including the functions of traditional and khoisan leaders, customary law and rural local governance. Why was it declared unconstitutional, and what does this mean going forward?
On the 20th of October 2022, the Dullah Omar Institute (DOI) in partnership with the Hanns Seidel Foundation South Africa held a webinar under the theme “traditional leaders, municipalities and land use management”.
All organs of state have been required to respond to the COVID-19 pandemic by putting in place measures targeted at containing the virus. In urban areas, it is municipalities that are at the forefront of implementing national, provincial and local measures to curb infections. In rural areas, however, municipalities are working with the institution of traditional leadership in tackling the spread of the virus. Cooperation is often times replaced by competition which creates tensions and conflicts between municipalities and traditional leaders. Obviously, these tensions have an adverse impact on the effectiveness of the response to COVID-19.
Municipalities play a critical role in service delivery, development and democracy. What is often forgotten in the assessment of local government is that, before 1994 (and even before 2000), there were significant parts of the country where no local authorities existed. One of those areas is the rural areas of South Africa, where traditional leaders continue to be the face of local government. This is something which traditional leaders have been for many centuries.
Traditional Leadership and Governance : Draft White Paper
The Traditional Leadership and Governance White Paper was launched by the Department of Provincial and Local Government on 29 April 2002. Provision was made for a consultation process, which was originally envisaged to have been completed by 22 November 2002 but which was extended to 15 January 2003.
Intergovernmental Relations in the North West.
The North West Provincial Intergovernmental Forum was officially launched in July 1997.
Traditional Leaders: Their Participation in Local Government
The position of traditional leaders in local government was the last hurdle that had to be crossed before the election date could be announced by the Minister of Provincial and Local Government.