Traditional leaders

What does the GNU mean for traditional leaders: ideas for discussion? What does the GNU mean for traditional leaders: ideas for discussion?

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.

Resistance to SPLUMA: Traditional leaders' lack of trust in municipalities Resistance to SPLUMA: Traditional leaders' lack of trust in municipalities

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.

Resistance to SPLUMA: Traditional leaders' lack of trust in SPLUMA instruments and processes Resistance to SPLUMA: Traditional leaders' lack of trust in SPLUMA instruments and processes

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.

Court prohibits a traditional leader from allocating municipal land Court prohibits a traditional leader from allocating municipal land

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.

What happens when government fails to listen to rural voices: Constitutional Court declares Traditional and Khoisan Leadership Act unconstitutional What happens when government fails to listen to rural voices: Constitutional Court declares Traditional and Khoisan Leadership Act unconstitutional

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?

The role of traditional leaders in combating COVID-19 in rural areas

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.

Land use management: Where traditional and municipal governance meet in rural areas

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.