Chairperson, hon Minister, hon members, just by way of further elaboration and to further amplify and demonstrate how clear and consistent the ANC has always been on issues of traditional leadership, and maybe to clear the confusion that might exist in others, I would like to start my speech by quoting from a statement made by Nkosi Luthuli and jointly issued by the ANC and the Natal Indian Congress in reaction to Chief Luthuli's dismissal by the National Party government from his position as the democratically elected traditional leader of the Amakholwa community of Mvoti Mission Reserve, Groutville, Stanger in November in 1952. I quote:
I saw no real conflict in my dual leadership of my people ... as chief and political leader in Congress. I saw no cause to resign from either ... I do not wish to challenge my dismissal, but I would like to suggest that in the interests of the institution of chieftainship in these modern times of democracy, the government should define more precisely and make more widely known the status, functions and privileges of chiefs.
My view has been, and still is, that a chief is primarily a servant of his people. He is the voice of his people ... Unlike a Native Commissioner, he is part and parcel of the tribe, and not a local agent of the government ... It is inconceivable how chiefs could effectively serve the wider and common interest of their own tribe without co- operating with other leaders of the people, both the natural leaders (chiefs) and leaders elected democratically by the people themselves.
Chairperson, we are proud to say that the introduction of the national framework Act on traditional leadership, the Traditional Leadership and Governance Framework Act of 2003, which was introduced in the past six years, recognises and revives the place of traditional leadership structures in the development of our communities in rural areas.
The Act provides traditional leaders with an opportunity to work together with government at all levels, especially with the focus on local government. The Act further ushered in the transformational agenda that is in line with the Constitution in that women, youth and people with disabilities must now play a major role in issues of traditional leadership and community development, more than they have done before.
Chairperson and hon members, the ANC in its election manifesto made an assertion that in its term of government, it will commit itself to a comprehensive and clear rural development strategy to address land and agrarian reform, improvement of the conditions of farm workers and farm dwellers and to build the potential for sustainable rural livelihoods.
The ruling party acknowledges progress made in the past 15 years, but it maintains that there are still people who continue to face the harshest conditions of poverty, lack of access to land and basic services in rural areas. Chairperson, it is against this background that we advocate for these two Bills to be passed by this august House, in order to strengthen the partnership between government and the institution of traditional leadership to focus on rural development and fighting poverty, while working together with the government towards a common goal.
This further strengthens the words of Nkosi Phathekile Holomisa, when he said:
Let it be necessary no more, in this era of modern democracy, for traditional leaders to ask for a definition of their status, functions and privileges. Let them continue to be servants of their people, their voice, alongside that of democratically elected leaders.
In his address to the national leaders in honour of the former President Nelson Mandela, President Jacob Zuma called upon everyone to use the expression that Madiba is fond of, which is, "Let bygones be bygones". He called upon traditional leaders to unite, referring to the previous regime that caused divisions among traditional leaders.
Chairperson, it is through this legislative framework that, as Parliament, we follow in the footsteps of the President. We speak his language and contribute towards achieving the goals and targets that he has set for this government. We are not in any way having doubts that the Bill would go a long way towards unifying, smoothing and oiling the system of traditional leaders to function as one of the best on the continent and in the world. We should join with others within the machinery of government to stand as a symbol of commitment in our continued responsibility of ensuring that we, as Parliament, will never divert from the noble cause of social transformation, within the institution of traditional leadership.
Chairperson, the President mentioned the importance of the institution of traditional leaders in our system and its operation in many forms. This comes after the proclamation of the Department of Co-operative Governance and Traditional Affairs.
The central national challenge facing our country in the traditional leadership environment is the eradication of the legacy of colonialism and apartheid that condemned the majority of our people to a material life of misery. When we pass these Bills, we are saying that the custodians of our culture, heritage, and identity shall no more be allowed to be eroded by any form of law or human intention, as they used to be in the past.
Chairperson, as the ANC, we applaud the move and effort made to improve the system of traditional leadership. The capacity of traditional leaders should be strengthened with all due necessary staff and support. They deserve to be able to carry out their duties and to function in a smooth and welcoming environment. I am pleased to state that there were areas of contention in the Bill, as has already been alluded to by the chairperson of the committee, which sparked serious debates from provinces. At some point, a compromise was reached that in the end was not anybody's victory, but it was the democratic process and procedures that prevailed at the end of the day.
In conclusion, Chairperson, we should not forget that the institution of traditional leaders is central to our system of governance in rural areas and is a key to the realisation of government's goal to achieve the set targets on rural development.
We anticipate that the work of the commission on traditional leader disputes and claims will be completed in the next five years, as promised by the department. As Parliament, we will continue to monitor and conduct oversight on this matter to ensure that there are no further delays in resolving outstanding matters. I thank you, Chair. [Applause.]
Mr S C SEKOATI(Limpopo): Madam Deputy Chairperson, Minister for Co- operative Governance and Traditional Affairs, Kgoshi Kutama representing this house and colleagues, allow me to agree with the previous speaker, particularly in terms of reiterating what our Isithwalandwe, Chief Albert Luthuli, said on the occasion of his public address in 1952, just after his dismissal as a chief, when he refused to relinquish his activities within the ANC.
Without quoting, Deputy Chair, I would like to subscribe to that quotation as previously quoted, and I would like to say that his words still ring true to this day.
The recognition of traditional institutions by the Constitution of the Republic of South Africa bears testimony to the continued support and recognition of the centrality of the traditional institution in modern-day democracy. The establishment and strengthening of the traditional house is yet another milestone in supporting and promoting traditional leadership in its entirety, as envisaged in the 2003 White Paper on Traditional Leadership and Governance and thus promoting co-operative governance between the house, the nation, nation-building, unity and peace amongst the houses and the traditional communities, as well as enhancing traditions and culture within our communities.
We also believe that the two Bills have the capacity to strengthen the traditional house and also create a platform for traditional leaders to continue to actively participate in the advancement and development of their communities, within the democratic dispensation.
We support the view that the national government must adopt measures to support the national House to fulfil its functions through the provision of infrastructure, finance and administrative systems. The support should also resonate at all levels, from the national, provincial and local levels. We further contend that the number of full-time members of the house should correspond with the magnitude of the work of the house across the country.
We further wish to emphasise that the introduction of new legislation should take into account the indigenous terminologies used within the traditional environment and recognition of diverse cultures within the provinces. As the Limpopo legislature, we have broadly consulted and debated these important Bills, the National House of Traditional Leaders Bill and the Traditional Leadership and Governance Framework Amendment Bill. The provincial legislature, through public hearings, consulted broadly with the provincial house, the district and local houses, the Congress of Traditional Leaders of South Africa, Contralesa, and other departments responsible for traditional leadership. Our legislature appreciates the co-operation and meaningful contribution made by our traditional leaders in consideration of these Bills.
We also appreciate the support of the NCOP members, particularly from our province and, in particular, the chairperson of the committee, hon Comrade Matome Humphrey Mokgobi, for the sterling work done. The Limpopo province is a predominantly rural province, which makes it the home of most of our traditional leadership in the institution. In our five districts, there is a strong presence of traditional leaders, with pending confirmation of kingship status in the district of Sekhukhune, where we hope that within the next few working months we should be able to find a conclusion to some of the issues.
We also believe that the traditional leadership and its institutions have been in the forefront of our struggles for liberation and anti-imperialism. They have survived with distinction the divisive, corrupt tendencies of the apartheid regime and contributed immensely to the defeat of this regime. It is in view of this background that, as a province, we hereby fully support the adoption of these two Bills. I thank you. [Applause.]
UMntwana M M M ZULU: Sihlalo, mhlonishwa Ngqongqoshe, namaLungu Omkhandlu Weziphathimandla aqhamuka kwizifundazwe zezwe lethu esilakhele, namalunga ahloniphekile akuleNdlu. Kuncane engingakusho ngoba inkulumo yakho inokuthembisa okuthile, kokuthi mhlawumbe lezi zinhlanga zobukhosi noma lobu bukhosi uzoke ububheke ngendlela okuyona yona.Ngoba kube nezinto ezithile ezibe yisithiyo kumina enhlizweni. Ngeke ngisho ukuthi akukho okungenziwanga,ngoba kwakona ukuthi bukhona ubukhosi kwisehluko seshumi nambili kwisakhiwo sezwe kusho okuthile.
Kodwa uma ubheka ukuthi, uma usuyinkosi wenzani, kungabibikho okuhlinzeka ngokuthi inkosi iyokwenzani. Bese sikusho nje ngomlomo ukuthi kuyobakhona ukusebenzisana phakathi kwamakhosi namakhansela. Akengibeke, uma ngibeka ekhaya, ngibeka ingonyama yamaZulu, uGoodwill Zwelithini kaBhekuzulu, bese ngibeka amakhansela lapha oSuthu, kuMkhandlu Wezindaba Zesintu wasoSuthu. Yini kambe ongayisho komdala, uma ungekho umgomo olawulwa umthetho wezwe ukuthi kuyosetshenzwa kanjani, ngokwenhlonipho yethu njengesizwe.
Ngithe-ke mina, amakhosi ngeke siwashayele umthetho, kuyofuneka kube khona izinkundla zokuxoxisana nawo njengosombusazwe. Lokhu ngikushiswa ukuthi, ukhokho ka khokho wami, iNkosi uCetshwayo, walwa impi yokuqala nabacindezeli abamhlophe, ababeluqale khona la eNtshonalanga Koloni, belibusa lonke leli baze bayoshona e-Mpumalanga Kapa nakwaZulu, bafike bathola isibhaxu ngomhlaka 22 Masingana 1879, eSandlwana. Ukhokho wami, iNkosi uDinuzulu, yaboshwa yaboshelwa e-St Helena. Kwaze kwathi umkhulu wazalelwa khona lapho, kwakungumzabalazo wamakhosi lowo uqobo lwawo, ebhekene namakoloni uqobo.
Abesifazane baseVryheid babejojwa ngabamhlophe uma sebesuthi ukwenza lezi zinto ababezenza. Kodwa uDinuzulu wakwazi lapho kwaMthashana ukuqondana nabo,walwa nabo. Kwakungumnikelo wamakhosi elwa, zingekho izinhlangano zepolitiki. Ngiyazi ukuthi izinhlanga zepolitiki zibe khona ngo-1912. Yena uDinuzulu uqobo waba umkhoseli wenhlangano ebusayo njengamanje.
Ngithi-ke, ngiyethemba Ngqongqoshe njengoba usho ukuthi kukhona okuthile ozokwenza ukuze kwenzeke ukuthi kuficwane. Ngoba sifisa ukuthi kusetshenzwe ngokuhlanganyela ezweni lakithi, hhayi ukuthi kuphikiswane, hhayi ukuthi kuliwe, ngoba sasicindezelwe sisonke. Ngiyabonga. (Translation of isiZulu speech follows.)
[Prince M M M ZULU: Hon Chairperson, hon Minister and hon Members of the Executive Council from the different provinces of our country and the hon members in this House. There is very little that I can say because your speech had some promises indicating that maybe you will look into these tribal kingships or this kingship in a proper manner, because a few things have been troubling me. I cannot say that nothing was done because the fact that Chapter 12 of the country's Constitution deals with kingship means something.
But when you look into what you need to do when you become a king, you find that nobody prepares you with regard to what the king must do. And we only verbally express that traditional leaders and councillors will be working together. Let me say this, I install the King of the Zulus, King Goodwill Zwelithini, the son of Bhekuzulu, and then appoint councillors here at Usuthu to the Council of Traditional Leaders. By the way, what is it that you can say to the king if there are no policies that stipulate the procedures to follow in our country with regard to how we can work together in a respectful manner as a nation? I said that we cannot lay down the rules for the kings; there should rather be platforms where we can engage with them as politicians.
I say this because King Cetshwayo fought the first war with the white oppressors, who started ruling from the Western Cape. They ruled the whole area and went as far as the Eastern Cape and even KwaZulu. They were defeated on 22 January 1879, at Sandlwana. My great-grandfather, King Dinizulu, was arrested at St Helena. That led to my grandfather being born there, which was the real struggle for the kings, coming face to face with the colonialists.
Women from Vryheid were impaled by the whites when they were done satisfying themselves with them. But King Dinizulu managed to face and fight them at KwaMthashana. That was the king's contribution - fighting without political parties. I know that the political parties came into being in 1912. King Dingiswayo himself sheltered this very ruling party.
I believe, hon Minister, as you are saying, that you will do something about this so that we can be on par. Because we wish to work together in our country; we should not oppose or fight each other because we were all oppressed. Thank you.]
Ms M ROSHO(North West): Madam Deputy Chairperson, hon Minister for Co- operative Governance and Traditional Affairs, hon members of this august House, members of the NCOP and our honourable chiefs, I must stand in this august House today as a truly proud South African.
I'm proud because I am part of a society that is charged with the responsibility to shape the future of this progressive South African nation, a responsibility that can only be managed by women and men who are courageous and motivated to serve the masses of our country. The South Africa that we live in today presents us with a set of laws and policies that are progressive and geared towards recognising, respecting and protecting the fundamental human rights of individuals.
As a progressive nation, we have come to understand that all citizens have a meaningful role to play in building a society that we all like to live in. Of great importance in building a progressive nation is the recognition of the role that can be played by the institution of traditional leadership, which was created by our forefathers many years ago, but which continues to grow and thrive to this day in changing and influencing in a positive way the fortunes of this great nation.
Traditional leadership in this country was and continues to be a system of governance that is based on recognition and respect for human dignity. The importance of this institution cannot be underestimated, for it is recognised by the highest law in the country, the Constitution of the Republic of South Africa.
The Constitution not only recognises the institution of traditional leadership, but it enjoins government to pass legislation that provides for a role for traditional leadership as an institution at local level on matters affecting its local communities. The traditional leadership system is a way of life that the majority of indigenous South Africans hold in high esteem, want to associate with and are proud to call their own.
It is imperative, therefore, that it must be nurtured and allowed to grow from strength to strength. This can be achieved through a series of progressive laws and policy formulation that will strengthen this institution. The institution of traditional leadership is not only important in this country but enjoys critical importance on the entire continent of Africa. I wish to quote from the White Paper on Traditional Leadership:
The institution of traditional leadership occupies an important place in African life and, historically, in the body politic of South Africa. It embodies the preservation of culture, traditions, customs and values of the African people while also representing the early forms of societal organisation and governance. However, when South Africa adopted the Interim Constitution and, subsequently, the new Constitution, the people declared the Republic of South Africa to be a sovereign, democratic State founded on a number of basic values, including the supremacy of the Constitution. This marked the ushering-in of a new era.
As a nation, we, therefore, have to ensure that the traditional leadership system does not venture into oblivion, but we must continue to enact progressive laws that will ensure the existence of this system of governance for the duration of existence of humankind. We are not surprised, therefore, when we see these two Bills serving before this House, seeking to advance the course of traditional leadership. This is a process that started some time ago with the adoption of the White Paper on Traditional Leadership and beyond.
We must also say that traditional leadership must also continuously transform to be in line with, amongst other things, the Constitution as the supreme law of this country. Specifically, the role that women can play as traditional leaders cannot be ignored any longer. But we are proud as a nation because today we have the Constitutional Court, a creation of the Constitution, as the custodian of the Constitution and other laws applicable in the Republic, including customary law. Out of this court we have seen some progressive judgments that assist the traditional leadership system to grow and to align with democratic values.
In particular, the role of women hasn't progressively been recognised and, to an extent, enforced by the courts. Much can still be achieved in this area, and this also requires transformation of our thinking in traditional communities. We are particularly encouraged to see amongst our traditional leaders of today women whose birthrights have been confirmed by the communities and who have ascended to the throne to be leaders of their respective communities.
This can only point to a bright future for this country. However, we must indicate that we, in the North West Province, enjoy a co-operative working relationship with traditional leaders, whom we continue to empower and capacitate through purpose-built facilities, provision of information technology equipment and training, secretarial and administrative support and ongoing training on local government.
We are equipping the traditional councils with financial controls and systems to manage their own funds. This is intended to comply with the law and also to help reduce the tensions that are emerging lately in those committees around funds.
We think that traditional leaders are capable and can play a central role in the fight against poverty, crime and HIV/Aids in their respective communities. It is, therefore, imperative that we must provide them with the tools to do so. These pieces of legislation will help us to achieve that.
If government is to succeed in delivering in these priority areas, as stated by President Jacob Zuma in his state of the nation address, then we must strengthen traditional leadership institutions and work hand in hand with these leaders for the benefit of our people, particularly those who reside in the remote rural corners of our country.
Whilst we are not able to reach these people on a daily basis, traditional leaders are not only able to do so but they also live with them in these areas. Therefore, it is important to work with traditional leaders to create self-sustenance in rural communities.
I, therefore, would like to advise the Ministers of Agriculture, Forestry and Fisheries and Rural Development and Land Reform to pay a visit to traditional leaders, to be fed with indigenous knowledge and to be helped to fully understand the role that these traditional leaders can play in the development of the rural communities.
In respect of the two pieces of legislation, we want to emphasise the position of the North West Province - that we support the initiative to add the legislation and that we will see the rebirth of the National House of Traditional Leaders and the importance of the amendment of the Traditional Leadership and Governance Framework Act, Act 41 of 2003. We would like to take this opportunity to congratulate the Minister for Co-operative Governance and Traditional Affairs and his team of hard-working individuals for the sterling work that they have performed in an attempt to bring these pieces of legislation to life. They have traversed the country, seeking inputs and support for these pieces of legislation, particularly engaging with traditional leaders so as to bring about a product that will enhance the status of the traditional leadership institution. Finally, the North West Province offers its support for these pieces of legislation; our comments, views and the inputs of our traditional leader have been forwarded through the NCOP. I thank you. [Applause.]