Good Governance and Oversight
Role of Traditional Authorities in Rural Municipalities and the
impact on indigent policy
IMFO Conference – October 2016
Jamie Moodley
01
Introduction
Legislative
Framework
and
Legislative Framework for the Participation of
Traditional Leadership in Municipal Councils
•
•
•
Chapter 11 of the Constitution recognizes the status and role
of traditional authorities and leadership.
Municipal Structures Act (Section 81) prescribes the
participation of traditional structures in municipal councils
Section 4 of Traditional Leadership and Governance
Framework Act prescribes the role of traditional authorities
as, among others,:
– Supporting the municipality in the identification of the
needs of the community;
– facilitating IDP development participation
– participating in the development programmes of the
municipality
Legislative Framework for the Participation of
Traditional Leadership in Municipal Councils
What is the legal status of traditional leaders in council and
their actual role and do they have a right to vote.
Section 81 of Structures Act provides for a maximum of 20 percent
representation of traditional leaders in municipal council meetings, where
there are traditional leaders in the municipality. Section 5 of the Framework
Act further provides for partnerships to be entered into between
municipalities and traditional councils.
Traditional Leaders are bound by the Code of Conduct for Councillors, but do
not have voting rights and do not become councillors. The fact that traditional
leaders participate in rural and urban councils creates its own dynamics and
municipalities often require assistance in this regard.
Role of Traditional Leadership in Municipal
Councils
In addition to the relevant Local Government legislation, section 4
of Traditional Leadership and Governance Framework Act, 2003
(Act No. 41 of 2003) outlines the functions of traditional councils
and these include the following:
 Supporting the municipality in the identification of the needs of
the community; facilitating the involvement of the traditional
community in the development or amendment of the IDP of the
municipality in which the community resides and participating
in the development programmes of the municipality.
Are Traditional Leaders Empowered to fulfil their
Oversight Roles?
1. Authority in decision taking - Traditional leaders
are not members of Council
2. Lack of a determination by provincial MECs on
 Which traditional leaders must participate
in the councils and
 What roles they must play
Impediments to Traditional Authorities Playing
a Part in Local Government
1.
2.
3.
4.
5.
6.
7.
Complex municipal processes
Different value systems
Degree of consultation processes
Patriarchy
Lack of Benefits and privileges
Lack of systems of accountability
Traditional Governance has not adapted to democratic
dispensation
Areas of Conflict
• The perception that the fundamental cultural rights and roles of
traditional leaders within rural communities are unfairly compromised by
the democratic laws and the Constitution.
• The question of whether the traditional leaders must have a ‘political
voice’ and be included in the participatory structures of government
• Whether land administration should be left in the hands of traditional
leaders or it should be a government function.
• The question of accountability as a democratic principle; when it comes to
traditional leadership, the question of accountability is not very clear
• The perception that traditional leadership undermines the commitment
towards achieving an accountable and efficient form of democratic
governance in South Africa.
Collaboration
• The question that remains, however, is what
are the areas of cooperation that need to be
realized at a local government level?
Proposed Collaboration
• Participation through the houses of traditional leaders in the budgetary and
financial resource allocation process (across the spheres)
• Capacity development for traditional leaders in order for them to
meaningfully participate in all these structures
• Working relations between Traditional leaders and councillors, especially
their participation in structures such as ward committees, IDP Forums,
Community Police Forums, school governing bodies and all the local
participatory structures will allow them an opportunity to influence
processes.
• Municipalities should co-operatively work with traditional authorities to
facilitate appropriate land use management, the rollout of basic services and
the collection of rates from non-poor households and businesses located on
traditional land.
02
How
traditional
authorities
can
interface with the
Indigent Policy
Interface with Indigent Policy
•
Traditional Authorities to act as a conduit between municipalities and indigents playing an educational and influential role
•
Assisting in the monitoring of the accuracy of the status of indigents registered and
their exit plan
•
MOUs to be entered into to facilitate participation of indigents in local economic
development; utilization and availability of land;
•
Indigent Policy determination – economic packages e.g. water and land cultivation;
packages that address the needs of rural municipalities;
•
Grants e.g. urban settlement grant for urban – what can be done to consider the
dynamics of rural municipalities? Is there a case through COGTA to propose to
Treasury a separate dispensation of service without running a parallel
government? – moving away from a one size fits all approach?
03
Conclusion
Conclusion
• Local economic development through land use, agriculture and
customized service delivery is crucial to improving the lives of
rural communities.
• Partnerships between local government and traditional leaders
in developing a meaningful relationship and understanding
thereby promoting transformational imperatives, economic
development and social upliftment. Management and influence
of the indigent Policy
• Important to acknowledge the influence traditional leaders
have over certain communities in South Africa. Such influence
must not be confused with power to govern which is conferred
by the constitution on the sphere of local government.