Mandate & functions of National House of Traditional Leaders; with Deputy Minister

Meeting report

Opening remarks

The Chairperson welcomed the Members and guests to the meeting, and recognised the traditional leaders present.

She began by addressing issues raised, such as the widespread unhappiness amongst traditional leaders regarding a lack of clarity on the place and role of the institution of traditional leadership in the District Development Model (DDM). After conducting oversight in the province and consulting the traditional leaders, there were concerns surrounding the concept of the DDM. The Committee held the view that inadequate consultation had taken place, which was justified after the recent visit to Gauteng and KwaZulu-Natal (KZN).

In the Annual Report, the Minister had stated that the traditional leaders play an important rule within the implementation of the District DDM. However, based on the reality on the ground, it did not reflect a sense of partnership, as many traditional leaders feel alienated, including leaders from the National House of Traditional Leaders (NHTL), which the Minister envisaged would play the role of support and oversight.

Regarding the matter of tools of trade in order to participate effectively in the business of government, it remained a perennial issue, especially during this period of conducting virtual meetings. There was an expectation for them to also hold meetings with the tribunal council and other stakeholders. Furthermore, a key issue that needed to be dealt with was the slow implementation of the resolutions emanating from the 2017 traditional leaders, which contributed to the challenges the current leaders were facing.

During previous engagements with the Department, the Committee Members had on several occasions expressed a need to have more discussions on the work conducted by the Department of Traditional Affairs to facilitate a better understanding of their mandates. This included in particular the work of the NHTL, which was a sub-program of the Department of Traditional Affairs (DTA) under the institutional support and coordination programme, which was the reason why the current meeting was taking place. As a community, such a discussion was crucial. The Committee would reinvigorate its oversight role over the institution of traditional leadership in order to affirm its role and place in the cooperative governance system.

The Chairperson noted the apology received from two Committee Members and the Minister and Deputy Minister, who would be leaving the meeting early.

She said the first item on the agenda would be the presentation on the work done by the NHTL, followed by the Congress of Traditional Leaders of South Africa (Contralesa), which would give their input and then discuss a way forward.

The Chairperson noted that she was concerned about media reports regarding initiation in the Eastern Cape, despite the COVID-19 regulations. There had been pressure on the Portfolio Committee to ensure that these regulations were enforced.

NHTL performance report: Quarters 1 & 2

Inkosi Sipho Mahlangu, Chairperson: NHTL, called on leaders in government to reprioritise and think outside the box when it came to assisting those in the nation’s rural communities, as he introduced the combined report for the first and second quarters of the 2020/21 financial year.

He observed that the financial year had started in a different way, as the country had been thrust into a state of disaster and the subsequent lockdown that followed, due to the COVID-19 pandemic. As a result of this, the NHTL had had to settle into a new routine during the first two quarters, and adopt a new normal way of executing its mandate as per the aspirations of traditional communities, which unfortunately had taken time to adjust to. The report reflected on the activities of the NHTL, and encompassed the work of individual members, committees and the NHTL.

After the confirmation and official classification of the global COVID-19 pandemic by the World Health Organisation (WHO), President Ramaphosa had announced a national state of disaster on 22 March, and a lockdown beginning on 27 March. With every sector of society mobilised to fight the pandemic, the NHTL had been called upon to develop plans, and make recommendations on how the institution would contribute. This was achieved through the proactively developed an NHTL action plan, which provided the basis for the role of the institution in supporting the government in the fight against COVID-19.

A large component of the NHTL’s work was currently focused on monitoring and enforcing COVID-19 related regulations. It had:

• Called on traditional leaders to lead by example and urge their respective traditional communities to abide by all COVID-19 regulations and protocols at all alert levels.
• Encouraged traditional community members who had COVID-19 symptoms to get tested, and to quarantine/self-isolate while they awaited their results.
• Encouraged members of traditional communities to support, and not discriminate, against those who had tested positive for COVID-19.
• Lastly, it had worked with local law enforcers to ensure that law breakers were dealt with accordingly. 

The NHTL had ensured that Intergovernmental relations (IGR) were effectively utilised to bolster efforts to fight COVID-19. Such efforts included:

• The meeting initiated by the NHTL with the COGTA Minister on 17 March, where it had requested additional intervention by the ministry regarding water shortages in rural villages.
• The meeting with the Minister of Sports, Arts and Culture on 17 March on the sector mitigation plan to deal with the COVID-19 virus. The discussion had focused on cultural practices, initiation, funerals, weddings, celebrations, rituals, church services, water challenges, along with language barriers and other related issues.
• Ongoing consultation with the NHTL made by the Presidency, starting on 24 March after the announcement of the state of disaster.

The NHTL had also made contributions to the review of the Agrarian Revolution conception, where a task team was developing an implementation plan. The measures and actions taken by the NHTL regarding the Agrarian Revolution include a proposal to the Solidarity Fund on the Five Hectare Food Security Project. The project was about the provision of support to members of rural communities to use one to five hectares of land for planting and other forms of subsistence farming.

Commenting on the negative effects the COVID-19 pandemic had had upon rural economies, and the food security and social cohesion of these communities, Inkosi Mahlangu said that the NHTL had called upon all traditional leaders to contribute towards increasing food security and providing social relief to those most affected. While the government was providing food parcels to communities, this was not enough, and traditional leaders in all provinces had contributed from their personal funds towards food relief measures. Additionally, traditional leaders on their own initiative had galvanised community members to uplift themselves through agriculture, by providing inputs such as seeds and fodder, and training on agriculture and economic development.

In order to adequately overcome the challenges and address the needs of rural communities, the NHTL had implemented partnerships with several organisations. These included the Solidarity Fund; the Department of Agriculture, Land Reform and Rural Development; the Lotteries Commission; MTN; Vodacom, and Bush Telegraph; and the Department of Social Development. (See presentation for further details).

Inkosi Mahlangu said that the national state of disaster had been announced at a time when provinces had completed preparations for customary winter initiation ceremonies. However, after consultation with the Presidency, it became clear that such practices would open up opportunities to endanger the lives of initiates if they were to go ahead. The NHTL had therefore taken a decision to communicate with provincial houses to consider suspending the initiation season, prior or their prohibition. As the lockdown regulations were gazetted, regulations prohibiting the holding of initiation schools were issues. However, this did not mean that unscrupulous individuals would not attempt to establish illegal schools. In Gauteng, illegal initiation schools were closed, and the law took its course regarding individuals responsible for opening illegal schools. The NHTL and provincial houses had established national and provincial monitoring teams, working in partnership with other stakeholders such as the police, social development and health. All traditional leaders continued to monitor illegal initiation schools, and reported them to law enforcement agencies.

In line with the regulations on funerals, traditional leaders advised communities on protocols to be followed to curb the spread of the virus. They also led by example, as even when there was a death within royal families, all relevant COVID-19 protocols on funerals were followed.

To contribute to the national calendar on key programmes, such as women’s issues and heritage celebrations, the NHTL had held a Women’s Dialogue on 31 August and a Heritage Month Dialogue on 17 September.

In conclusion, Inkosi Mahlangu said the NHTL continued to execute its mandate through a combination of virtual platforms and contact sessions, and participated in inter-governmental relations (IGR) structures, along with partnering with other stakeholders to ensure that traditional communities’ needs were taken care of.

CONTRALESA on Traditional Affairs’ issues

Mr Zolani Mkiva, General Secretary, Congress of Traditional Leaders of South Africa (CONTRALESA), apologised for the absence of the President and Deputy President of the organisation who, due to the short notice given, could not attend. As the invitation to attend this meeting had been sent only hours ago, no formal presentation had been prepared. However, he felt it would be appropriate for him to hear and give his undivided attention to the presentations made within the Committee today, and utilise his time to respond on behalf of his constituents.

He expressed his appreciation for the quality of the previous presentation, which had provided the bigger picture as to what had been done during these unprecedented times. He said that although the NHTL was currently under resourced, through its provincial Houses it had managed to make something out of nothing and assist those communities that were hardest hit.

In 2009, CONTRALESA had engaged the ANC, insisting on the establishment of a Department of Traditional Affairs, which was gazetted later that year. However, while happy with this action, he stressed that the Department itself had not been given the requisite budget required in order to deal with issues of programming, as well as the critical and strategic support of the institutions of traditional leadership in the country. The bulk of the budget was currently spent on covering basic wages, along with the basic tools of trade required in the Department.

He pleaded with the Committee to do all they could to ensure that the Department was given an adequate budget allocation, otherwise it was being set up for failure. He specifically highlighted how the NHTL had been forced to maintain itself on a budget of about R20 million since its inception in 2009. Without a proper budget, the NHTL and its provincial Houses had been unable to undertake the critical interventions required in their respective traditional communities, hindering progress towards the national development agenda.

He highlighted CONTRALESA’s calls for the need for a chamber for the NHTL, as since 1997 traditional leaders in the country had been forced to borrow a chamber for sessions. The NHTL was a very key component of the Parliamentary process and law-making exercises in the country, and it could not remain homeless. Only though having its own chamber and thus being stable would the NHTL be able to operate efficiently, fully realising its critical capacity to provide law-making oversight, and representation of rural traditional communities.

Mr Mkiva highlighted the long overdue need for members of the NHTL to be made full-time officials, so that they could be fully dedicated to their work, speeding up the roll-out of programmes that resonated with the institutions of traditional leadership, as well as their respective rural communities. Additionally, as CONTRALESA viewed the Chairperson and Deputy Chairperson of the House as presiding officers, and therefore part and parcel of the Parliamentary decorum, he said that they should be included in ceremonies at a national level. Specifically these officers of Traditional Houses should be part of the processions occurring at events such as the State of the Nation (SONA).

He commented that Parliament was currently incomplete without the inclusion of the NHTL, as certain laws would never have been passed without its approval and signature. The same principles applied within the provincial and local Houses of Traditional Leadership, which were also under-resourced and under-funded, making them unable to function optimally and efficiently.

Mr Mkiva raised the issue of the salaries paid to senior traditional leaders, along with their headmen, as these salaries had not been increased alongside the increases seen for other public office bearers. This was very unfortunate, as many senior traditional leaders did not have certain basic necessities, such as medical aid. When the Committee addressed the salaries of senior traditional leaders, he called on it to also ensure that the requisite support and compensation was given to the traditional councillors and sub-headman, who conducted the day-to-day work for communities in all villages across the country.

He called upon the Chairperson to expedite the recognition and designation of the Khoi-San community structures, including their leadership. This was long overdue, with a policy process having started back in 1999, and finally culminating in the recent promulgation of the Traditional and Khoi-San Leadership Act 3 of 2019. He pleaded with the Committee to not wait years again before realising this goal, as the continued exclusion of the Khoi-San traditional leadership could be interpreted as a form of discrimination. The Khoi-San people were Africans and were part of the African majority in this country, who themselves were victims of colonialism when Jan van Riebeek and his crew came to the Cape and destroyed indigenous structures.

Referring to rural infrastructure and investment in rural areas, he said that these were critical issues and that attention had to be focused on ensuring that the roads and water supply to rural communities were upgraded and adequately maintained as soon as possible. This should begin by first ensuring that all the roads that led to the traditional councils were tarred. These upgrades to the road network would increase investment opportunities for these communities, uplifting their economic prosperity. Like many other African states, South Africa was a predominantly rural country, and this pattern would never change as their ancestors and spiritual spaces existed within rural spaces.

He concluded by saying that as the country was currently at national alert Level 1, the Committee should not make decisions that would be difficult for the NHTL to implement, and the traditional initiation season scheduled for this summer should be allowed to occur. By upholding the prohibition of traditional initiations, the Committee would be deliberately encouraging disobedience on the part of the people, placing the Department of Arts and Culture and COGTA in a negative light.

Discussion

Ms G Opperman (DA) referred to the Agrarian Revolution, and asked how far from the implementation stage for the proposed five hectare food security project was, and how it linked to the DDM. She queried why it had been necessary to provide food parcels to traditionally vulnerable communities out of their own funds, and what had hampered government support. She sought clarity on how the Municipal Infrastructure Support Agency (MISA) had intervened during this period. Concerning the non-payment of Traditional Council officers and staff, she asked how this incident impacted the support of traditional leaders, and what interventions the Minister had taken to address the matter.

R100 million had been allocated to the farming input voucher scheme, so she asked how many beneficiaries had benefited from this voucher, as well as the statistics for the 700 food voucher project. On the matter of water shortages in rural villages, she asked how this had impacted their response to the COVID-19 pandemic and what interventions had been implemented after the 17 March meeting with the Minister to address these challenges.

Ms M Tlou (ANC) welcomed the progressive report presented, and asked what interventions were implemented by the National House in relation to the controversial removal of the provincial House Chairperson of the Eastern Cape. Concerning the work of the National House during the quarter under review, she noted that it focused mainly on the responses to the COVID-19 pandemic. However, during this same period, COGTA had embarked on a number of initiatives in relation to the DDM. Subsequently, she asked why the quarter that was currently under review was not reflecting the DDM report, despite the Minister’s view on the National House being that it was a key partner in this model’s implementation.

Regarding the days taken to collect revenue from the Traditional Council, she asked how much had been collected and how the National House ensured that the revenue was subject to being audited, as the Traditional and Khoi-San Leadership Act, which called for the auditing of the Traditional Council, had not yet come into effect.

Ms H Mkhaliphi (EFF) referred to a previous meeting where Members had specifically enquired about the disputes, especially in the Eastern Cape, and asked if the House could elaborate on the matter. Despite focusing on the Eastern Cape, she asked that they responded to the issues in all areas of the country.

She asserted that the issues raised by the Secretary General of CONTRALESA needed to be processed and attended to. She agreed with the need for development, especially in terms of the budget, which had been a concern for the Committee. When the Committee had visited KZN, many concerns were raised and it seemed as if they were not being taken seriously. She expressed her sadness over this fact, and commented that it was difficult to lead under such circumstances, when there were no tools for trade. She questioned how these disputes would be managed, as not only had the situation become very toxic, but they also lacked the necessary resources.

The Chairperson said that she wanted to follow up on the mechanisms that the traditional leadership had at their disposal against traditional communities which failed to adhere to the COVID-19 regulations. She had listened attentively to the General Secretary regarding the initiation course which he had outlined, and said there would be serious interest in the progress of this process.

Secondly, she asked if the House had the capacity to deal with the volume of bills referred to them, as well as the recommendations associated with them. Earlier in the day, the Committee had dealt with the annual report of the Department of Traditional Affairs, but an issue had been raised that there were 21 Memorandums of Understanding (MOUs) with other departments. She asked the Deputy Minster to explain these MOUs, and whether they were still valid. Furthermore, out of the 21 MOUs, she asked which departments had complied and which have not, as well as what measures were in place to enforce the MOUs.

She said the Deputy Minister had previously attempted to explain the factors which informed the delays in the proclamation of the Traditional and Khoi-San Leadership Act. However, it was necessary to highlight that it was not possible for Parliament to have passed legislation early in 2019, as the Bill had not yet been implemented. Many individuals were affected by this, especially as there was no clear evidence of any court challenges. It seemed as if Parliament’s processes were not complied with, so it would not be passed without following the required proceedings which were compulsory when passing legislation.

Mr B Hadebe (ANC) asked for the Houses’ opinion on the controversial issue of the Ingonyama Trust, so that a shared perspective may be created that was informed from the Amakosi. He asked if they could share whether or not they were in support, as others sought to insinuate in the media that they were.

Mr G Mpumza (ANC) stated that it was unfortunate that the capacity of the Traditional Leaders’ Councils was a concern that had been overlooked, as the report reflected that the staff had not been paid. He queried how they were managing to function at optimal levels when the staff remained unpaid. Secondly, regarding the MOUs, evidence indicated that the House had established MOUs only with the Department of Social Development (DSD). He sought clarity on the nature of the MOUs between the House and the Department of Agriculture and Land Reform as well as the extent to which these MOUs had assisted traditional communities in rural development. He said an explanation was needed for Members to understand if the Solidarity funding was sufficient in resourcing the agrarian revolution in order to significantly turn around the socio-economic situation evident in these rural communities. As a programme that aimed to contribute to social cohesion and nation building, he asked how broad and intensive the programme was in providing relief to vulnerable communities.

Ms D Direko (ANC) noted that the traditional leaders had indicated they had continued to provide their essential services during lockdown, but the issue of non-payment of staff had created more issues to the point where the Minister and Member of the Executive Council (MEC) had had to intervene. She asked how far along they were with this process, and if the matter was resolved. Secondly, on the matter of the initiations, she questioned how they had ensured that members of the communities adhered to the lockdown regulations.

Last year, during her visit to the North West, the chief had indicated that there was a dispute on the kingship, and the Department of COGTA was working to resolve the matter. However, not only did the process take an extensive amount of time, it had also divided the community. She asked how far the matter was from being resolved.

Mr K Ceza (EFF) commented on the amount of work done before and after 1994 in terms of ensuring that the people, even though confined to 13% of the land, were granted permission to build adequate housing and allowed the space to ensure that extended families could be housed sufficiently. He asked the traditional leadership to share with the Committee their recommendations to address the issue of water scarcity, and the ways in which they could assist municipalities. Did they have measures in place to work together with the Department of Health on the initiations, and did they have the data available on those boys who had died, because someone needed to be held accountable.

Regarding the relationship between the traditional leaders and the democratically elected councillors, he asked if they have a sound relationship in terms of the allocation of the personal protective equipment (PPE). The Committee had been made aware that personal finances were used instead of the state-allocated funds, and asked if there was respect between these two parties, and how it could be improved.

Lastly, he commented that there were no facilities available for sport or cultural activities, so he asked the General Secretary to explain why this was the case.

Queen Rebecca Como thanked the Committee and the National House of Traditional Leaders for their hard work over the past year. Based on the outcome of this morning’s report, she asked that a timeline be provided for the implementation of the Bill, as the Khoi-San people were ready for its implementation. It was imperative that the Committee was aware that the Khoi-San were a united objective front. She asserted that the Khoi-San people were not born in South Africa, but rather that South Africa was born in them.

COGTA’s response

Mr Obed Bapela, Deputy Minister, COGTA, said the Traditional and Khoi-San Leadership Act had been signed into law, but there was a clause which stipulated that the President would determine the date on which it would commence. The President had been in the process of signing the commencement date when a letter was received from a law firm that was representing non-governmental organisations (NGOs) in South Africa, which were opposing certain sections. The President had therefore halted the process to allow for investigation of the issues raised. Amongst these issues, it was stated that Parliament had not followed a thorough process of public participation, which would have allowed for the consultations to take place, as well as for the legal services to verify these processes had taken place. Only a week ago, they were able to receive a comprehensive response from the law firm which indicated that the President could proceed with the commencement date.

He said that sometimes these NGOs did not participate in public participation processes, or they undermined Parliamentary processes deliberately to stall certain movements aimed towards uniting South Africans. Furthermore, the Director General (DG) was ready for the establishment of the Commission, which would start to look at the applications received of those claiming to be royalty. These claims would be verified to ensure that the right individuals were in the right place, as some might take chances and lie in order to be a leader.

He said that it was unfortunate that statements had been made in public by the leadership of CONTRALESA regarding the initiation season, and had announced that if the government did not move forward with the matter they would continue with the initiation season without permission. It was worrying that leaders would express such sentiments publicly after a successful consultation process with government officials. He recalled that during stage three of the national lockdown, a meeting was held between the President and the House of Traditional Leaders in an attempt to consolidate the consultations. There had been a follow-up meeting pending that the President was supposed to initiate with the Minister of CoGTA for further consultations, as a means to address various issues that had been raised. He expressed his worry over the limited time remaining to address this matter, as students were ending the school year in a few weeks. If initiation was allowed, there needed to be stricter regulations enforced in order to save the lives of young boys from illegal initiations.

In agreement with the Secretary General, he said that if nothing was done there would be open defiance, but the Minister had engaged with the Corona Virus Command Council to ensure that the regulations were implemented. Furthermore, all provinces except for the Eastern Cape, which had written a letter to the Presidency, had indicated that they would not be having an initiation season. If there were any cases of young boys losing their lives, all parties involved needed to take accountability, including the Premier and the traditional leaders.

There were certain Bills that were still in Parliament, such as the Cultural Initiation Bill, which stipulates that anyone running an illegal initiation would be sentenced to prison for five years, even if no incident occurred. The Bill would hopefully be finalised in the week if there were no fundamental differences. Furthermore, the Traditional Courts Bill had been finalised until the unfortunate news that over five provinces had withdrawn their support, which had consequently resulted in the collapse of the Bill that had been in the Parliamentary system over the past 15 years.

Deputy Minister Bapela stated that the resources and budget of the Department definitely needed a comprehensive review, with the support of the Portfolio Committee and other leaders. The Director General had indicated that each time they had tried to submit a better budget proposal, it had been denied.

On the matter of the kings’ support, he said that the proposal submitted by KZN was a fantastic model, but he questioned whether it could be afforded by the province. The budget for the Zulu king was around R60 million. In Limpopo, there were three kings, which meant R180 million would need to be allocated, while in the Eastern Cape where there were four kings, and another R240 million would be needed. Therefore, the current resources of the country needed to be analysed to ensure they were able to provide support for these requests.

Mr Mashwahle Diphofa, Director General (DG), Department of Traditional Affairs (DTA), began by responding to the issue raised about the traditional council staff members, commenting that the Minister had allowed for a platform to be established at an extended meeting where the Members of the House and the Chairpersons Forum could address the issues and allow the MECs to hear the concerns for themselves. There had been an agreement that the provinces would look into the matter and assess the support they would be able to provide. There were different models being used at the moment, where one Province would say that they would give the Traditional Council a grant and allow them to allocate it where necessary, including the employment of staff. Accordingly, it had been mentioned that the levies that Traditional Councils charged could be used to appoint additional staff, but as a result of COVID-19 they had been unable to raise this income, resulting in the Council being unable to pay these salaries. As a Department, the matter had been escalated to the Budget Forum meeting that included the Minister of Finance, the Minister of CoGTA, and all the provincial counterparts. The agreement was that the matter should be referred to a technical team first, who would be able to assess and consult the details and then report to the Budget Forum meeting. At a technical level, the consultation process had begun, with National Treasury stating that the consultation process should be expanded in order to include provincial Treasuries as well. National Treasury had indicated that they would be assisting with this process, as well as analysing the budgets usually handled by the provincial Treasuries.

Mr Diphofa said the provisions for the salaries of sub-headmen and women were determined by the remuneration commission for four categories contained in the Act, such as kings and queens, traditional leaders, senior traditional leaders and headmen and headwomen. There was a level included for those who were below the last level within the legislation, but the remuneration commission had stipulated that they were embarking on a comprehensive review of the salaries and benefits of the institution of traditional leadership. Once this was completed, they would provide recommendations which would need to be approved by the President. However, there were not any provisions for this yet, as the legislation had only the above four categories.

The issue of a chamber for the National House of Traditional Leaders had not yet been processed due to obvious financial constraints in respect of the resources that were needed for the provisions and infrastructure.

The Chairperson of the House had written to the Minister concerning the appointment of members of the National House on a full-time basis, and he had assigned it to a team to assess the implications of this issue. Inevitably, this would result in an increase in the compensation of employees’ (CoE) budget for the Department, which would create an issue of how to deal with the practicalities of the increase when it was clearly not feasible. The technical team was thus required to deliver a report which explored all the options available, to assist the Minister on the matter.

Lastly, he agreed that there had been a large number of MOUs created, like the one with the Department of Arts and Culture. However, the rest were not MOUs with government departments, but rather external entities, to assist with the induction of the newly constituted traditional councils. The main weakness with the MOUs was that there were no firm mechanisms in place to enforce these contracts. Section 20 of the Framework Act stipulated that the national or provincial government could, through legislation or other measures, provide a role for the Traditional Councils. The approach the Department had was based on the fact that they were not satisfied with the progress made thus far, so it had been decided that they would take a large chunk of areas annually, as per Section 220 of the Framework Act, and create roles for Traditional Leaders.

Princess Gaboilelwe Moroka recognised all other Traditional Leaders present, and expressed her appreciation for the meeting, and highlighted the work being done within her sector. She commented that the general issue was that they did not have enough resources, but they had been trying to deal with this matter through programmes such as the agrarian revolution, as well as the Invest Rural Concept. The Invest Rural Concept had been established to invest in igniting the rural economy to bring relief to citizens and meet the challenge of a lack of resources.

Ms Ngonyama said she had conducted research on the data provided by the World Bank, which indicated that Africa consisted largely of rural communities. According to this data, in 2019 South Africa was depicted as being 33.14% rural, meaning that the royal communities were made up of 19.5 million citizens. Therefore, the belief that these communities would gradually phase out was highly unlikely. Upon further research, it was highlighted that South Africa had been ranked as the sixth drunkest country in the world by the WHO. When assessing the service delivery within rural communities, it was clear that they had been forgotten by the government, especially during the COVID lockdown which exacerbated the challenges they were facing.

On the issue of water, the President had stated that in order to curb the spread of the virus, washing one’s hands thoroughly was a necessity. However, this was not possible, as there was no water available in these rural communities. There were not enough resources available, and she questioned what could be done to assist with this matter. COVID-19 had also widened the gap in the education children received, as those who resided in urban areas were fully prepared to write their final exams, whereas children from rural areas were left wanting as they did not have the resources for online learning.

Referring back to the drinking issue in the country, she said people were getting drunk because there was nothing to keep them occupied. She asked if assistance could be provided by the Portfolio Committee to assist in ensuring that the standard of living in rural areas was the same as that in the urban communities.

She questioned why boreholes and tractors were not provided to communities so that food could be grown on the land available, as it often had to be imported from other provinces. She pleaded with the Committee to crack the whip on the Department of CoGTA and investigate the R4 billion spent on the Community Work Programme (CWP). If the CWP stated that they had utilized this money to fund various projects and initiatives, there was a need to go into the relevant communities and verify these claims, as something was not adding up. While this may lead to uncomfortable conversations, all civil servants must be held accountable. It was completely unacceptable that individuals who were forced to live without running water or shelter and then flocked towards the more urban areas, would never have left if these same services were provided in rural areas.

The Chairperson extended an invitation to the Committee and guests to a meeting on 27 November, when the Department would be presenting on this programme.

Ms Nomandla Mhlauli, Deputy Chairperson, NHTL, stated that they had declared the royal house as developmental monarchs, to stop their communities from suffering. On the issue of water, she suggested that the cleaning of dams in rural areas needed to be considered, and those who did not have water tanks needed to be provided with small tanks at least, to provide for their harvests.

She commented that the Traditional Leaders were unclear about certain aspects of the DDM, and would not be implementing their programmes in accordance with a model they were unsure about. However, what they did know was that the communities were suffering. Therefore, money from their own pockets had had to be used to assist, as government support had never come.

When discussing food vouchers with the Solidarity Fund, it had been expressed that the Traditional Leaders did not support a dependency syndrome, so food parcels were identified as short term assistance. Looking at long term assistance, it was stated that they were hoping to partner with the Department of Agriculture and Rural Development, and move forward with the agrarian revolution.

Nkosi Mwelo Ngonyama said CONTRALESA was exceptionally concerned about the matter of initiation, because what had been illustrated was that for many years this tradition of initiation from boyhood to manhood did not receive support from the government. R20 million had been set aside for the national medical circumcision, which was recognised as the main issue. In the Eastern Cape, there was Act No 5 of 2016, which regulated these initiation processes, and the Department formed a structure that reported to the provincial initiation coordinating committee, as well as contributed funds to the initiations. He said that to assist with the regulations, leaders had commanded that no initiation would take place during the winter season, but what had happened was that the budget had been decreased to less than 70%. Currently, there was no indication as to how much had been budgeted for the initiation season, and he argued that there was clearly no political will to support this tradition.

Regarding the removal of the Eastern Cape Provincial House of Traditional Leadership’s chairperson, Mr Mkiva said that during the transitional period between alert level 2 and alert level 1, the chairperson had in fact been removed by the MEC. Following this, the President of CONTRALESA had appealed to the Premier of the Eastern Cape, to ensure that Nkosi Nonkonyana was reinstated as chairperson. He said that the irregular and unprocedural manner in which Nkosi Nonkonyana was removed was not something that CONTRALESA would stand for while the nation was in the middle of a war against an invisible enemy. As the removal of Nkosi Nonkonyana was viewed as executive overreach, he had indeed been reinstated. However, a month or two later, members of the Eastern Cape Provincial House of Traditional Leaders had put forward a vote of no confidence which had led again to his removal. Nkosi Nonkonyana was challenging this mater in court, as he was of the view that he had been unfairly removed. CONTRALESA fully supported him, as he was part of CONTRALESA’s National Executive Committee, along with being their Eastern Cape provincial chairperson. Mr Mkiva was also of the view that the provincial chairperson of CONTRALESA should also be the Chairperson of the House, to ensure the harmonious leadership of the two institutions.

Concerning the issue of the DDM, Mr Mkiva said that while the leadership of CONTRALESA was familiar with the project, and supported its good intentions, it had not yet been presented to them. He called on the Chairperson to formally present the initiative to the leadership of CONTRALESA so that they could ensure that government was brought closer to the people.

Regarding the issue of the Ingonyama Trust raised by Mr Hadebe, CONTRALESA was of the view that the land under the jurisdiction of the Ingonyama Trust was land in the hands of the African majority of this country. As this land was not part and parcel of the stolen land, it should not be an issue when it came to the expropriation of land without compensation, as it did not fall into the relevant categories. The people who were opposed to the Ingonyama Trust, were opposed to the manner in which it had been established on the eve of the 1994 elections. However, they should rather focus on the fact that the land was under the stewardship of a key component of the African majority, the Zulu Kingdom. He concluded by stating that getting land into the hands of the African majority of the country, as done by the Ingonyama Trust, should be the Committee’s goal, redressing the actions of the Europeans that had colonised these very lands.

Addressing Mr Mpumza, he said CONTRALESA was of the view that the Departments of Rural Development and Traditional Affairs should be combined, as they served the same communities, and this would allow for a unified budget when addressing issues such as road development. Isolating these Departments made it impossible for them to achieve their objectives and targets efficiently.

Mr Mkiva said that the dispute mentioned had now been resolved, as the king had been reinstated to his rightful position. CONTRALESA encouraged families involved in disputes to avoid resolving the matters, especially those regarding succession, by going to courts which employed English and Roman-Dutch law. They should rather resolve the disputes through the use of their own cultural heritage, and African traditional laws.

Responding to the water issues raised by Mr Ceza, he said it was a challenge across the country, but as soon as the nation invested in desalination infrastructure, this would be addressed going forward. As a medium term complement to the water supply while infrastructure was being installed, boreholes or windmills could supplement low supply regions.

Responding to the Deputy Minister’s comments on the agreements on initiations, Mr Mkiva said that unfortunately CONTRALESA had been misunderstood or misrepresented. CONTRALESA had been part of the defiance campaign during the liberation of the country, and they could not now turn and defy a government of the people, by the people. This government had been elected by the masses of the country, and at no stage had a decision been taken by CONTRALESA to defy it. The point it had been making was that when it came to the governance of rituals and traditions in the country, the government’s role was to make the guidelines and regulations, but their administration was governed solely by traditional leaders. He emphasised that they would like a situation where the national ritual passage from boyhood to manhood that initiation represented, was taken seriously and legitimised through the release of a statement by the President.

Inkosi Mahlangu thanked the Chairperson for affording him this platform, and said that it was really important that his constituents in rural communities were adequately represented in government, and involved in the Parliamentary process. He continued to dispel the preconceived notions of this nation’s traditional leaders, stating that just like the communities they represented, they did not need a lot, and were not difficult individuals.

Regarding the lack of security and support provided to traditional leaders by government, Nkosi Mahlangu said that it was clear that Parliament would rather listen to the interests of those who wished to exclude traditional leaders from the conversation, rather than the affected communities themselves. Without the recognition and support of government, traditional leaders had unfortunately not been able to assist government efficiently on matters such as traditional initiation ceremonies. While there had been those who had adhered to the guidelines released by traditional leaders, without concrete regulations and ascribed powers, the traditional leaders had been toothless when it came to enforcing compliance.

As a further example, when given the opportunity to resolve matters through traditional courts, traditional leaders across the country had been able to successfully tackle various environmental issues, such as reducing pollution into water streams, protecting forests and wetland areas, and saving the ecosystems contained within them. However, when the government attempted such projects, they had acted bluntly and broadly, attempting to protect everything. This action went forward without the involvement of the traditional leadership, excluding local knowledge of the most endangered areas from the conversation.

Nkosi Mahlangu commented that under the tenure of the previous Chairperson of the Committee, the Traditional and Khoi-San Leadership Act (TKLA) had been amended, providing for the constitution of traditional councils. However, while the TKLA, along with the amendment of the Framework Act had been passed, government had not been moving forward to put them into force. This had unfortunately had an adverse effect on the efficacy of traditional leaders, as they had been excluded from national measures such as the National Relief Fund, for example.

Adding to the responses made regarding water issues, he pleaded with the Chairperson to urge municipalities to work with traditional leaders to fix water leaks. Addressing these leaks, along with the research being conducted into the inclusion of atmospheric water as a supply source, would greatly assist in resolving the water scarcity faced by many rural communities.

He said that if the government and traditional leaders did not work together regarding the traditional initiation ceremonies, the nation would face grave circumstances, as last year alone 57 boys had died. If nothing was said by the government on the regulations governing these rituals, many people, particularly those in the Eastern Cape, would defy the guidance of the traditional leaders. This would lead to a large increase in avoidable deaths, easily prevented by clear action and support from the government.

Responding to Mr Mpumza’s question, Nkosi Mahlangu informed the Committee that the resources provided by the Solidarity Fund had not adequately resourced the Agrarian Revolution project, feeding only 55 000 of the 26 million people in rural communities. He therefore called for the increased adoption of the developmental monarch model, currently adopted by the acting chairperson of the Western Cape.

As they had been left without the support of government, traditional leaders had stood up and acted independently, and thought outside of the box in order to resolve their issues. This had included measures such as the creation of a United Royals and Kingdoms of South Africa Holdings (URKH), a community investment company that builds and grows the financial capacity of traditional authorities to ensure the long-term future and upliftment of their local communities. Additionally, traditional leaders had, over the last eight months, undergone a process where they had profiled the investment opportunities and prospects of their local communities. Once complete, this would be compiled into a research document to further assist in increasing the infrastructure investments made towards reusable development.

Rejecting the “High English” used by the Departments of Arts and Culture, COGTA, and Rural Development in favour of the locally spoken languages, the NHTL would be holding their own meeting from 30 November to 5 December to receive and finalise this report.

Regarding the money collected across sectors by the NHTL, while the TKLA might not mandate full audits of Traditional Council accounts, they were currently fully audited by the Department of COGTA. However, as noted within these audits, Traditional Councils could not sustain themselves on the R150 000 given to them by government, as looking at Parliament, this amount was spent monthly on cleaning services alone.

Nkosi Mahlangu said the disputes on succession that had arisen could easily be addressed by providing adequate pension funds to traditional leaders. While these leaders could support their families while in office, their families were left with nothing after their deaths, leading to avoidable succession disputes.

He commented that while the DDM was something that the NHTL agreed with in principle, as it had not been clearly presented and explained to them, they were unaware of the role they would specifically play in it. Only following further presentations by the committee would the NHTL be able to pass final judgment on the model.

The meeting was adjourned.