There is too much uncertainty over the legal status of traditional councils

Issued by David Matsepe MP – DA Member of the Portfolio Committee on Cooperative Governance and Traditional Affairs
18 May 2017 in Speeches

The following speech was delivered in Parliament today by the DA’s Member of the Portfolio Committee on Cooperative Governance and Traditional Affairs, David Matsepe MP, during the Budget Vote on Cooperative Governance and Traditional Affairs.

Chairperson, the budget allocation for the 2017/18 financial year for the management of Traditional Affairs increases from R9.3 million to R11.3 million.

In terms of section 81 of the Municipal Structures Act (No. 117) of 1998, Traditional Leaders must be permitted to participate in municipal councils, yet the function of traditional leaders, especially in a constitutional democracy, has not been clearly defined. This is a failure of the ANC government.

Traditional councils have, in many instances, not yet been legally constituted, and Kingship and Queenship councils, though established in terms of customary law, are not yet legally established as prescribed in the Traditional Leadership and Governance Framework Act (No. 41 of 2003). The forthcoming amendment to the act seeks to legitimise an already illegitimate situation, and will further muddy the waters in this regard.

Consequently, there is uncertainty over the legal status of the current traditional councils.

Reducing deaths at initiation schools is another glaring problem which the Department has not yet adequately addressed.

According to the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities (CRL Rights Commission), about 251 male initiates died between 2014 and 2016 in 8 provinces. Chairperson, this is far too many!

There is thus an urgent need to better equip and monitor the cultural initiation practice so as to reduce the number of fatalities and injuries emanating from it. We request that the Department of Traditional Affairs work closely with the CRL Rights Commission to implement better control over traditional initiation practices, and stamp out the malpractice that is resulting in the deaths of our young men!

Another challenge the Department must address is the costing of the Traditional and Khoisan Leadership Bill which will be inclusive of the Khoisan leadership and their structures. Given the fact that the number of Khoisan leaders has not yet been audited, the financial implications are in this regard unknown.

We, therefore, request that a comprehensive financial impact assessment be urgently initiated as part of the legislative process.