Give traditional leaders back genuine authority

IT IS true that South African indigenous traditional leaders have no power in any of the state undertakings all the way from local government through to national, with regard to policy formulation, whether this deals with economic development, social, or any other activity.

They have no control of land that was taken forcefully by colonial intrusion from their forefathers during the 17th century.

An article last year by the Mail & Guardian titled “No clear owner of the huge tract of land” provides an excellent illustration of how the constitution deprives them of what is rightfully theirs.

Such a situation is ridiculous because it is well known that the land was owned by indigenous people before colonialism, as stipulated in the 1913 Land Act.

The current continued disenfranchisement of traditional leaders is a clear indication of how Africanism is despised in South Africa.

To deal with this, I propose a revision of chapters 7 and 12 of the constitution in order to give African traditional leaders some political power and roles enabling them to craft and determine the path and destiny of their peoples.

Traditional leaders face serious challenges arising from their lack of power in their role of serving their people.

Even after 20 years of democracy, traditional leaders are only regarded as a societal institution that has no rights, responsibilities or powers, or any role in national matters.

However, that seems to be the complete opposite of what President Jacob Zuma had in mind when, at the opening of the National House of Traditional Leaders (NHTL) in February last year, he said he needed to know what traditional leaders wanted. I heard him myself, I was there in person.

The following year in February, again at the opening of the NHTL, Zuma alluded to and praised the uncontested contribution and commitment of traditional leaders in the struggle, and the liberation of South Africa.

This even predates the establishment of liberation movements like ANC, PAC and Black Consciousness Movement.

These traditional leaders were the first people to endure the invasion of their land by the colonialists and the atrocious pain that went with it. This is well illustrated in the frontier wars, the Bambatha rebellion following the Anglo Boer War, and in many other instances.

In his moving speech at this last meeting Zuma showed clearly that he felt a high level of affinity with traditional leaders in general.

In discussion about a response to Zuma’s speech some traditional leaders have indicated that there are things that matter a lot to them. This includes the need for the genuine recognition of traditional leaders.

This would require authentic recognition in the constitution of South Africa, where their roles and responsibilities would be well-defined.

The only remedy is an amendment of chapter seven and 12 that deal with local governments and traditional leaders.

This is not the first time this idea has been entertained. Around 2000 an ad-hoc government committee and coalition of traditional leaders advocated and proposed this amendment in parliament.

Unfortunately it was never considered in a positive light, but was turned down – ironically, by a parliament dominated by black African politicians.

As a result, African traditional leaders are simply ceremonial. They do not vote on and neither do they participate in policy making.

This is fundamentally erroneous because some municipalities intrude on land that is under the jurisdiction of African kings, and decisions are taken by political officials who at times do not understand the welfare of the people living in these regions.

The 12th chapter of the constitution only recognises that there are traditional leaders.

And, to make things worse, it indicates that the establishment of a house of traditional leaders is a privilege of the legislature, or political officials who may or many not have an interest in African traditional issues.

As a result, Helen Zille of the Western Cape uses the same Chapter 12 to deprive traditional leaders of what is rightfully their place in the Western Cape.

This is erroneous because the Western Cape has a historical and traditional attachment to the inhabitation of the indigenous Africans even before colonialism, apartheid, segregation and the demarcation of the present suburbs and townships.

The Western Cape is, in fact, flooded with black Africans who pay their allegiance to kings such as the Xhosa Thembu and Pondo among others.

Meanwhile black political leaders in parliament and in society are not pointing fingers to counter this problem.

This was unexpected of the ANC.

Another factor to indicate that traditional South African leaders have no power and are not recognised is that parliament seems to be on a mission to shrink the role of traditional leaders.

Every piece of legislation brought in an attempt to give traditional leaders some form of authority and legitimacy is rejected, as is the case with the Traditional Courts Bill.

In conclusion, traditional African leaders have no power because they are not recognised in the constitution.

They cannot vote and only attend events in a ceremonial capacity.

As a result of not being recognised in the constitution, other people have taken advantage of what is rightfully theirs.

Therefore, parliament should revisit the clauses in chapter seven and 12 to ensure that they can regain their authority.

Dr Manduleli Bikitsha (Aah Zanokhanyo) is a medical doctor in Cape Town and a traditional leader in Willowvale (e-Ntshatshongo) under the jurisdiction of King Sgcawu (Ahh Zwelonke)