Prior to the introduction of colonialism, social organisation in south africa was characterised by many tribal regimes that existed and operated. It may also conduct its own investigations and advise the. History demonstrates that the institution of traditional leadership as an. Africa than in any other african state, given the historical background of the. Traditionalists regard africas traditional chiefs as the true representatives of their people, accessible, respected and legitimate and therefore still essential to politics on the continent. Pdf the history of traditional leadership in kwazulunatal.
This is a result of negotiations at the congress for a democratic south africa codesa. Nov 25, 2016 south africas constitution gives communities living under traditional law and custom the right to influence the way in which the country is run. Emergence of traditional leadership styles bizfluent. South africans have overwhelmingly expressed a view that the institution of traditional leadership has an important role to play in deepening and enriching democratic governance at a local level. Pdf the institution of traditional leadership in africa preexisted both the. The cape colony was marked by a brand of paternalism. In this paper, i will refer to the legal or political framework of south africa on the institution of traditional leadership. The historical background of african traditional leadership before. Kwazulunatal history of traditional leadership project final report march 2011 gregory f houston thamsanqa mbele submitted by human. With over two decades after the end of apartheid, land remains an emotive fault line in south africa. The discovery of the witwatersrand goldfields in 1886 was a turning point in south africas history.
The culture of south africa is known for its ethnic and cultural diversity. A literature survey of the most important sources dealing with history, legislation and policy documents was undertaken. Judicial powers of traditional leaders for the purposes of this presentation the commission deemed it fit to structure the reportback in the manner laid out hereunder 1. After the discovery of hominins at taung and australopithecine fossils in limestone caves at sterkfontein, swartkrans, and kromdraai these areas were collectively.
Just as the system of cooperative government was developed in acknowledgement of the diversity of the needs and concerns of the population of south africa, so the constitution established the right of communities living under traditional law and custom to influence the way in which the. A legal history of traditional leadership in south africa. As a result of this, the institution subjected itself to manipulation by the ruling party, which was the nationalist party government. A legal history of traditional leadership in south africa, botswana. Traditional leadership and governance in africa ndlela. They must also be exposed and be prepared to face the challenges of leadership in developing society. Pdf the role and significance of traditional leadership in the. Other laws had recognised customary law and traditional leadership prior to 1994, but it is the first time in the south african history that any. The flag of republic of south africa was adopted on 27 april 1994.
The institution of traditional leadership was the form of government with the highest authority. Pdf good governance, democracy and leadership styles in. It embodies the protection of culture, traditions, customs and values. Questioning the legal status of traditional councils in south africa august 20 why is the legal status of traditional councils important. Brand south africa reporter provincial houses of traditional leaders have been set up in the six provinces with traditional leadership. Protecting constitutional democratic values and traditional. Introduction this paper is meant to argue that most learning that occurred in africa was necessitated to meet the exigencies of the whole society through training of its individual members either in groups or on individual basis.
The south african majority still has a substantial number of rural inhabitants who lead largely impoverished lives. Many in rural communities have lost patience with the paternalistic approach of traditional leaders, commercial farmers and mining corporations. Land, law and traditional leadership in south africa. The role of african traditional leadership in modern democratic south africa.
Introduction there has been change in the role of traditional rulers in nigeria as it applies to community development, since the introduction of local government reforms of 1976 in the said reforms, leadership roles were clearly expressed, which states that it is not the intention of government to destroy the organic unity of the traditional institutions. The future role of traditional leadership in the development process is significant in that in addition to the recognition afforded by the constitution and other legislation, the development law, unfolding in modern day south africa under a new. As a result, ccl decided to investigate how leaders in egypt, west africa ghana, nigeria, benin, togo, guinea, niger, burkina faso, and southern africa south africa, botswana, namibia are seen by others, and where their strengths and potential weaknesses lie. It seeks to support and transform the institution in accordance with constitutional imperatives. Were traditional leadership roles going to remain as ceremonial heads as the prescripts of the constitution set out. Traditional leadership, bureaucratic governance, democracy, africa, south africa introduction the position of traditional authorities in many postcolonial african states remains unclear and their future under the new dispensation in highly contested. Traditional leadership had ownership issues attached to it.
Looking at the objectives of the white paper on traditional leadership, he asked what was it that south africans wished to do. African historical dynamics, including the period of colonialism and the apartheid regime in south africa, employed strategies that tactically were aimed at. The role and importance of the institution of traditional. South africas prehistory has been divided into two phases based on broad patterns of technology namely the stone age and iron age. Kwazulunatal history of traditional leadership project final report march 2011 gregory f houston thamsanqa mbele submitted by. In rural communities, many have lost patience with the paternalistic approach of traditional leaders, commercial farmers and mining corporations. South africa is a member of the international community, and since the advent of democracy has ratified, signed or acceded to many treaties, including the convention on the elimination of all forms of discrimination against women. The challenges of leadership and governance in africa. There has been a lack of clarity on the role of traditional leaders in the constitution of the republic of south africa 1996. The white paper on traditional leadership and governance and the traditional leadership and governance framework act of 2003 aimed to. As noted by emeagwali 2006 africans at various parts of the continent used a wide range of. The role and function of traditional leadership should be easier to resolve in south.
Pdf the role and significance of traditional leadership. It embodies the preservation of culture, traditions, customs and values. It is among these people, however, that cultural traditions survive most strongly. The demand for franchise rights for englishspeaking immigrants working on the new goldfields was the pretext britain used to go to war with the transvaal and orange free state in 1899. Additional recognition of traditional leaders and the institution of traditional leadership is found in the various provincial legislation providing for provincial houses of traditional leaders and the establishment and functioning of the national. Pdf the role and significance of traditional leadership in. In precolonial africa, african societies were ruled by kings supported by a hierarchy of chiefs and councillors or advisors, who were either their close relatives or selected from their communities. It is important to know whether traditional councils currently have legal status because they are often put forward by the government and private actors as democratic institutions that represent communities. The constitution instructs the parliament to enact legislation which will provide the role of traditional leaders. A traditional leader was formally appointed by the south african. Chapter 12 of the 1996 constitution of the republic of south africa recognises the institution of traditional leadership subject to customary law and to the constitution. Prior to the introduction of colonialism, social organisation in south africa was. The role of traditional leaders during apartheid south.
During the precolonial era, the institution of traditional leadership was a political and administrative centre of governance for traditional rural communities in south africa. Traditional leadership has been the basis of local government in most of africa throughout history. In the past, almost all leaders were considered traditional and their power was tied to their past leaders. The apartheid government stripped them of south african citizenship and the ability to own land in south africa.
This paper critiques traditional leadership and governance on the african continent, focusing on, among others, structures, historical perspectives, as well as their role in land allocation. The debate on the role of traditional leadership is mainly founded on two diverse viewpoints. Chieftaincy and kingship in south africa south african. The institution of traditional leadership was recognised in section 212 of the constitution. How this thin recognition came about is a story that is yet to be told. President on request white paper on traditional leadership and governance. Sep 21, 2018 south africa has a population of approximately 55 million people comprising of diverse culture, religion, origin, and languages. It replaced the flag that had been used since 1928, and was chosen to represent multiculturalism and ethnic diversity in the countrys new, postapartheid democratic society. When the constitutional assembly drafted the final constitution in 1994 and 1995, it dragged its feet in finalising the provisions dealing with traditional leadership because it was not clear how such a system could be accommodated except in a purely symbolic way within the democratic system of government established by the constitution. Some milestones of transformative constitutionalism beyond apartheid sf khunou summary the institution of traditional leadership represents the early form of societal organisation. A legal history of traditional leadership in south africa, botswana and lesotho.
South african culture, customs, and traditions worldatlas. Leadership development in africa a focus on strengths. The 2003 white paper on traditional leadership and governance sets out a national framework, and norms and standards that define the role and place of the institution of traditional leadership within the south african system of democratic governance. Colonialism in the union of south africa had a long history, which had a tremendous impact on the institution of traditional leadership and governance. South africans have overwhelmingly expressed a view that the institution of traditional leadership has an important role to play in deepening and enriching democratic governance at a. This challenge is based on the fact that there is a lack of common understanding on what role traditional leaders should play in local governments and other spheres bank and southall 1996. Traditional leadership is defined as a style where power is given to the leader based on traditions of the past. Contralesa congress of traditional leaders in south africa in the negotiations leading up to the 1993 constitution as well as the then forthcoming elections, all commandstyle found in other traditional authorities gave rise to either support or opposition to the institution of traditional leadership 8283. Traditional and khoisan leadership bill, customary law, customs, south africa introduction the role of traditional leaders in south africa is recognised by the constitution 1996. Good governance, democracy and leadership styles in africa. There has been change in the role of traditional rulers in nigeria as it applies to community development, since the introduction of local government reforms of 1976 in the said reforms, leadership roles were clearly expressed, which states that it is not the intention of government to destroy the organic unity of the traditional institutions. This article will also discuss the impact of various pieces of legislation on communal land systems, traditional leadership and administration.
The role of traditional leaders in a democratic south africa has been a hotpotato since the dawn of democracy. They could cooperate and work in collaboration with each other positively for common good. Traditional authorities managed to enter into alliances with a number of political authorities during the apartheid period. The role and significance of traditional leadership in the governance of modern democratic south africa article pdf available december 2017 with 7,126 reads how we measure reads. President jacob zumas annual address to the national house of traditional leaders held at tshwane council chambers in pretoria in april 2016. Modernists view traditional authority as a gerontocratic, chauvinistic, authoritarian and increasingly irrelevant form of rule that is antithetical to. Bantustans constituted % of south african land, while the majority of south africas population was to be forced into these areas, and the land was, in general, of. National and provincial houses of traditional leaders enhance the cooperative relationships within national and provincial.
There were courts of law determining all disputes between members of traditional. The fate of traditional leaders in postapartheid south africa. Learning leadership development from african cultures. Africans or south africans and bantuspeaking people form the major part of the population approximately 35 million. Status of traditional councils in south africa august 20. Some ethnic groups are unique to south africa while others like basotho crossed the border into. June 2016 download pdf more than two decades after the end of apartheid, land remains an emotive fault line in south africa. The first modern humans are believed to have inhabited south africa more than 100,000 years ago. In the first we deal with some of the key areas of the history of traditional leadership in kwazulunatal. Traditional leadership and governance frameork act 41 of 2003 mp sekgala1 abstract. Traditional leadership and its future role in local governance. The institution of traditional leadership is one of the oldest traditional institutions of governance in south africa, botswana and lesotho. Policy position towards the traditional leadership as the country moves into the future, the mdc recognises not only the traditional role of the chiefs and headmen as custodians of our cultures and language and history but also as representatives of the people under their administration and their importance in maintaining our unique character.
Traditional councils were recognised by the traditional leadership and governance framework act 41 of 2003 framework act. The role of traditional leaders during apartheid south african. Section 212 of the constitution of south africa states that. While south africa recognises the institution of traditional leadership, the country faces a major challenge. Africa, formal education, colonialism, traditional, independence, westernisation 1.