Traditional Leadership Summit Traditional Leadership & Cooperative Governance March 2010 Cllr P Kgosieng Chairperson: Governance, IGR & IR Working Group

Outline 1.Legislative & Policy Framework: The Role of Traditional Leaders within Municipalities 2.Context - Participation of Traditional Leaders in Municipal Councils – Benefits 3.Way Forward

LEGISLATIVE & POLICY FRAMEWORK

Chapter 12 - Traditional Leaders Section 211. Recognition 1.The institution, status and role of traditional leadership, according to customary law, are recognized, subject to the Constitution. 2.A traditional authority that observes a system of customary law may function subject to any applicable legislation and customs, which includes amendments to, or repeal of, that legislation or those customs. 3.The courts must apply customary law when that law is applicable, subject to the Constitution and any legislation that specifically deals with customary law. Constitution of RSA (Act 108 of 1996)

Section 212. Role of traditional leaders 1.National legislation may provide for a role for traditional leadership as an institution at local level on matters affecting local communities. 2.To deal with matters relating to traditional leadership, the role of traditional leaders, customary law and the customs of communities observing a system of customary law ­ a)national or provincial legislation may provide for the establishment of houses of traditional leaders; and b)national legislation may establish a council of traditional leaders. Constitution of RSA…

a)Participation of Traditional Leaders in municipalities as ex-officio members – with no voting rights b)Influenced Section 81 of Municipal Structures Act as amended – Traditional Leaders to enjoy participation & privileges as any Councillor in a Council Meeting White Paper on LG (1998)

Section 81. Participation of Traditional Leaders a)Provides for Traditional Leaders to participate in the proceedings of Council. b)Traditional Leaders must be allowed to attend any meeting of the council. c)The number of Traditional Leaders may not exceed 20% of the total number of Councillors in that Council. d)Traditional Leaders will be subjected to provisions of the Code of Conduct for the Municipal Councils – as set out in Schedule 1 (15) of Municipal Systems Act (Act 32 of 2000). e)MEC LG have to give notice in the Provincial Gazette. f)Municipalities must budget for travel and sitting allowances. g)Amendment of Council rules / standing orders, development of policies and procedures. This is more recommended at local municipality. Municipal Structures Act (Act 117 of 1998) – as amended

Traditional Leadership & Governance Framework Act (Act 41 of 2003) NB:Under Review Chapter 2: a)Recognizes the establishment of the institution of Traditional Leaders. b)The participation of Traditional Leaders in municipalities is determined by agreed guidelines. c)Traditional Leaders will participate at their own expense 1.The national government and provincial government must promote partnership between municipalities and traditional councils through legislative or other measures.

2.Any partnership between a municipality and traditional council must: a)Be based on the principle of mutual respect and recognition of the status and roles of the respective parties; and b)Be guided by and based on the principle of cooperative governance 3.A traditional council may enter into a service delivery agreement with a municipality in accordance with the Local Governance: Municipal Systems Act, 2000 ( Act No. 32 of 2000), and any other applicable legislation This is more recommended for District Municipalities and Traditional Local Houses at district level. Traditional Leadership & Governance Framework Act ….

CONTEXT- PARTICIPATION OF TRADITIONAL LEADERS IN MUNICIPAL COUNCILS - BENEFITS

Only 3 DMs with Traditional Leaders viz. BPDM; Dr. RSM DM & NMMDM No Traditional Leaders in Dr. KK DM Disparities with regard to participation, privileges & benefits – cause for concern –Sitting allowance; Out of pocket allowances; Tools of Trade –e.g. Ratlou LM, Dr Ruth S Mompati DM, Greater Taung LM, Moretele LM, Ngaka Modiri Molema DM Remuneration of TL dealt with by own remuneration regime Partnerships & relations differ from one municipality to another => Impact on Service Delivery

Memorandum of Understanding a)MoU signed between SALGA & House of Traditional Leaders underpinned by principles of Co-operative Governance. –Nationally in April 2007 –Provincially in November 2008 b)Areas of Cooperation –The partnership is based by matters of common interest and appreciation of the two institutions respective roles, responsibilities and competencies. –The interaction lays a foundation for the interaction between municipal councils and traditional leaders and assist in preventing contestation. –Both parties will share information. –Develop mechanisms to bring traditional leaders and councillors together. –Develop strategies on participation of traditional leaders in councils. –Improve co-operation between traditional leaders and council. –Capacity building in terms of developing training needs for people in the rural areas. –Facilitate effective participation of traditional leaders in the municipal governance processes like IDP/Budget, LED and ward committees.

Challenges & Acknowledgements Implementation Plan of MoU not fully actioned Strained relations between Traditional Leaders & Council at certain Municipalities => LGTAS Task Team not meeting as anticipated Internal governance challenges at NWHTL & SALGA NW Active participation of Traditional Leaders in capacity building programmes e.g. ELMDP; LED; CDP etc –A challenge of submission of outstanding Portfolio of Evidence In-depth assessment currently conducted on disparities & Task Team to provide feedback and practicalize the findings

WAY FORWARD

Conclusion & Recommendations It becomes evident that the most critical form of participation of Traditional Leaders is through the provisions of the Municipal Structures Act Sec 81 and this will be more viable at Local Municipality Level. The Traditional Leadership & Governance Framework Act talks more of partnerships. This means it will be a relationship between two institutions which will be your House of Traditional leaders at district level together with a District Municipality. That a Task Team led by SALGA, Dept of LG & TA and NWHTL to develop guidelines in order to address uniformity and parity amongst the effective participation of Traditional Leaders at municipalities Outstanding actions in the Implementation Plan of MoU be addressed as a matter of urgent priority

I THANK YOU