Voorsitter, die proses wat gevolg is om eergister en gister di wetgewing in die komitee te behandel, het veel te wense oorgelaat. Ons het by tye nie eens die korrekte bewoording van al die klousules voor ons gehad nie, maar desnieteenstaande het ons 'n moedige poging aangewend en almal saamgewerk, en die DA sal hierdie twee stukke wetgewing steun. (Translation of Afrikaans paragraph follows.)
[Mr W P DOMAN: Chairperson, the process which was followed the day before yesterday and yesterday to deal with this legislation in the committee left much to be desired. At times we did not even have the correct wording for all the clauses in front of us, but despite this we all made a valiant effort and worked together, and the DA will support these two pieces of legislation.]
These Bills went through a thorough process of consultation in the provinces. The Traditional Leadership and Governance Framework Amendment Bill in particular deals with complicated matters about which traditional communities feel very strongly, and it will require Solomon's wisdom to resolve all the matters.
With the National House of Traditional Leaders in operation for three years, and the Commission on Traditional Leadership Disputes and Claims also in operation for some time, shortcomings in the present legislation and problem areas clearly came to the fore, and a good effort was made in this legislation to deal with these. Whether these Bills will be able to resolve all these challenges in practice, remains to be seen.
For example, the creation of a new layer in the traditional leadership landscape of "principal traditional leader", "principal traditional communities" and "principal traditional councils" is very interesting. But it will also be very costly. The cost to the fiscus of the whole system of royal houses and traditional leaders is something that is worrying.
In this regard, I must point out that the Commission on Traditional Leadership Disputes and Claims has up to now cost about R50 million, and this commission has not performed very well. Hundreds of claims have not been resolved, and decisions are still outstanding.
It was argued before our committee that the work of this commission is necessary, and we agree. Its processes have to be speeded up and therefore we are approving a new structure today of five commissioners heading committees in the different provinces to deal with claims and issues in a decentralised way. They will also only be making recommendations.
Dis nogal goed dat die ANC so 'n bietjie iets leer teen sentralisasie, want dis heeltyd net "sentralisasie, sentralisasie". Hier is 'n goeie ding wat hulle gerus op ander terreine van die openbare lewe ook kan toepas. (Translation of the Afrikaans paragraph follows.)
[It is quite good that the ANC is learning something negative about centralisation, because throughout it is all about "centralisation, centralisation". This is a good thing, which it is worth their while to apply in other areas of public life as well.]
Why we are concerned about cost is also that each and every claimant who is successful will mean that the salaries and allowances bill for divisional leaders rises, not to mention the full operational costs of the National House of Traditional Leaders and its counterparts in the different provinces.
We have just received the Sereti Commission's proposals that members of the different houses should come onto the Political Office Bearers Pension Fund and also that funeral benefits should be provided for traditional leaders. In this Bill, for the first time, a sitting allowance is also provided for nontraditional-leader members in the different houses and committees. It is estimated that this alone will amount to R36,7 million per annum. And we have all read the reports in the newspapers about the royal house in KwaZulu-Natal exceeding its budgets.
Yesterday the Minister of Finance warned us all that we are living in difficult times and that we all have to apply financial constraint. The principle for us in the DA is that the country must receive value for money. Of course, accountability for all budgets is non-negotiable.
The institution of traditional affairs must always be instituted and operate within the ambit of the Constitution. We are therefore grateful that gender issues are given the necessary attention in these two Bills - not only that the terminology is gender-sensitive, but also that they provide for the protection of women, from queenships to the gender composition of the different houses.
Within the ambit of the Constitution and the laws that govern municipalities, the relationship between traditional leaders and authorities, on the one hand, and councillors and municipal councils, on the other hand, is quite often contentious. Section 81 of the Municipal Structures Act stipulates that traditional authorities must participate in councils, and this is not actually happening.
On the other hand, the Bill that we are changing today also provides for a code of conduct for traditional leaders. If you look at that code of conduct, they must not be gatekeepers but must allow for local development in the communities. [Time expired.] I thank you. [Applause.]