0
My Tradition, My Pride
Author: DR MC NWAILA - Director General:
institution of traditional leadership in the
Department of Traditional Affairs
21st Century?
INTRODUCTION
INSTITUTIONAL BACKGROUND
This paper seeks to explore the notion of
Over the years, the institution of traditional
traditional leadership within a democratic
leadership managed to survive despite the
dispensation and its future. The ongoing
frequent
debate about the proper role of traditional
marginalize or even eradicate it, efforts that
leaders in modern African democracies is
sometimes
complex and multifaceted and full of
hereditary leadership not only survived but
contradictions. The discussion paper is
also quite evidently thrived, despite the fact
therefore intended to stimulate debate
that
during
conceived to be an open threat to
traditional
the
envisaged
leadership
round-table
dialogue
to
its
efforts
by
spanned
very
colonialists
centuries,
existence
is
to
this
generally
democracy.
be
convened jointly by the Department of
It is often claimed that the institution of
Traditional affairs (DTA) and the University
traditional leadership is the custodian of
of South Africa (UNISA).
culture and African heritage, as it existed
We therefore need to grapple with and
from time immemorial before conquest.
reflect on the following questions: What are
This assertion is confirmed by Holomisa
traditional leaders and what is it they
(2009) when he maintains “African culture
represent? What
place and
is rich and has so many edifying features,
relevance in our democratic context?" The
you find yourself wishing you could
Constitution of the Republic of South Africa,
preserve and store it in some safe place
refers to the notion of "unity in diversity"-
where it can be insulated from decadence
how does it apply to democracy and
of some aspects of received cultures”. He
tradition?
further contends, “Colonialism, missionary
is their
education and apartheid all conspired
If we want to design a traditional leadership
against African cultures and customs.”
capacity building program in South Africa,
what will the program be premised on,
Research conducted on evolution of socio-
beyond needs analysis? Do we train and
political transformation worldwide, has
develop traditional leaders to be more of
shown that modern societies and systems
"what they are" or more of "what they ought
of governance are constantly changing. It
to become"? What is therefore, an ideal
is
evident
1
My Tradition, My Pride
that
traditional
customary
structures have not kept pace with socio-
During colonial era especially in South
political and economic transformation. As a
Africa, a number of traditional leaders were
result, there have been contradictions and
deposed for not being amenable to colonial
tensions between democratic, traditional
and
and customary structures.
Notwithstanding the traditional legitimacy
apartheid
government
directives.
they enjoyed, they were ousted from office
Nevertheless, South Africa has established
or passed over in matters of succession.
a firm foundation by crafting one of the
most progressive constitutions in the world.
Colonial
This Constitution forms the basis for
government, especially in South Africa
restoration of the dignity, integrity and the
introduced new and foreign levels of
self-worth
traditional leaders.
of
our
people,
especially
powers
levels
and
the
apartheid
The introduction of
indigenous communities including the Khoi
such
and San as well as uniting our diverse
traditional
leadership
cultural communities to be able to realize
instances,
politically
the ideal of “unity in diversity”.
included levels such as “supreme chief”,
“paramount
within
chief”,
the
institution
was,
in
of
many
motivated
“sub-chief”
and
and
The colonial, apartheid and Bantustan
“independent headmen”. For example, the
systems have seriously impacted and
level of a “supreme chief” was introduced
displaced the institution of traditional rule
by the previous regime to arrogate the
and distorted indigenous heritage and
power to rule over Africans to the
culture.
Governor-General and, later, the State
Pakenham (1991) makes the point that the
President in 1961. Other levels such as
scramble for Africa gave Europe virtually
paramount chiefs, independent headmen
the whole continent. He further claims that
and sub-chiefs were introduced to elevate
Africa was sliced up like a cake, the pieces
or demote certain people to new positions,
swallowed mainly by five rival nations:
thereby according them new titles and
Germany, Italy, Portugal, France and
status, which were not appropriate in terms
Britain. The King of Belgians, Leopold II,
of custom. The highest customary position
championed and funded this scramble
was reserved for the kings in Europe.
agenda. The partition of Africa began in
To
earnest during 1800, which became one of
this
end,
various
statutes
were
introduced. One of them, the South Africa
the most remarkable episodes in the
Act of 1909, designated the Governor-
history of the world.
General as the “Supreme Chief”, a position
2
My Tradition, My Pride
that gave him the power to create new
He further makes the point that the
traditional communities and divide existing
governance of indigenous people in Africa
traditional communities and to appoint any
and
person he chose as a “chief” or headman,
subjected to “native authority”. In addition,
and to depose such persons as he deemed
Mamdani states that “as a form of
fit. The Black Administration Act, 1927 (Act
governance, native administration claimed
No. 38 of 1927), consolidated these
to be faithful to tradition and custom used
powers and vested them in the Minister of
parochially for political expediency”. It is
Native Affairs.
argued that no matter its local variations, a
South
Africa
in
particular,
was
core set of rules defined the “customary”
setting in “indirect rule” colonies. These
LEADERSHIP DURING THE HOMELAND
rules concerned land and governance.
SYSTEM
Mamdani further makes a profound point
that
land in
a colony was
defined
This power was later re-assigned to the
exclusively as a “composite of different
President of South Africa in 1961 and then
homelands, each the home of a designated
to the homeland governments upon the
native
attainment of self-governing status, and to
designated as natives could claim land
the
gaining
rights in the tribal homeland”. Issues of
independence. This was the beginning of
communal land remain unresolved in
what Mamdani (2013) refers to as “indirect
democratic South Africa. Communal land
rule”.
within traditional communities has become
TBVC
states
upon
tribe.
Only
those
officially
quite contentious and very complex.
Mamdani (2013) argues that the colonial
“indirect rule’s” intention was to limit
The struggle for power and control of rural
citizenship to the settlers in South Africa. In
areas is underpinned by the history of
order to isolate indigenous communities,
South Africa. In terms of Black Authorities
Mamdani maintains that the colonial states
Act, 1951 (Act No. 68), a regional authority
maneuvered concepts such as “native”,
and tribal authority comprising of traditional
used not to designate a condition that is
leaders, performed amongst others, the
“original and authentic”, but to characterize
following functions and duties which are
the colonized, localized, and a person
currently performed by municipalities:
“thrown out of civilization as an outcast,
(i)
confined to custom and then defined as its
Establishment,
management
product”.
3
My Tradition, My Pride
maintenance,
of
educational
institutions;
version which has gone through a long and
painful struggle, displaced by the modern
(ii) Construction and maintenance of roads,
kind of democratic governance system”.
bridges, drains, dams, furrows and any
When asked about South Africa and where
works which it may consider necessary
he saw it going, he responded that “South
for purposes of sanitation or for ensuring
Africa’s constitutional democracy is a sort
satisfactory
of foreign body that’s sitting on top of
water
supplies
or
for
preventing or combating soil erosion;
(iii) Establishment,
society that’s not modernized in other
respects”. It is observations such as this
maintenance,
management of hospitals, clinics and
one
by
Fakuyama
that
create
other similar institutions;
contradictions in society, especially the
discord between modernity and customs
and tradition.
THE DAWN OF THE NEW ERA
The
democratic
South
Africa
In his address on the African renaissance
at the United Nations University in Tokyo,
has
the former President Thabo Mbeki (1998)
celebrated its 22nd anniversary in 2016
argued, few years after South Africa
and yet there has never been a robust
became a democratic, non-racial and non-
discourse on the fundamental issues
sexist country that “the entire epoch in
pertaining to the location and role of the
human history, the epoch of colonialism
institution of traditional leadership in the
context
of
governance
an
inclusive
model.
Over
and white foreign rule, progressed to its
democratic
the
ultimate historical burial grounds because,
years,
from Morocco and Algeria to Guinea-
traditional leaders have been calling for a
Bissau and Senegal, from Ghana to
national dialogue to resolve complex
Nigeria to Tanzania and Kenya, from
issues affecting this sector. The envisaged
Congo and Angola to Zimbabwe and South
round table dialogue is intended to grapple
Africa, the Africans dared to stand up to say
with issues confronting the sector.
the new must be born, whatever the
Shaun de Waal, in his Mail and Guardian
sacrifice we have to make- Africa must be
article of 17 May 2013 reported in his
free!”
interview with Francis Fakuyama who
Dowden (2009) reminds us of the impact of
claimed that there were two forms of state
colonialism in Africa. He maintains, “in
in South Africa: “the modern constitutional
many parts of Africa people lack a sense of
democratic state versus the patrimonial
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My Tradition, My Pride
identity, ethnic or national. They are
The new South Africa as stated earlier,
culturally uprooted, unsure of who they are
ushered in a democratic state in 1996,
and what to become. The old ways
which dismantled among others, the
forgotten, many Africans have not worked
apartheid homeland structures, which were
out new ones”. He further advises, “Only
used as instruments for “indirect rule”. One
Africans can develop Africa. Africa’s history
of the critical elements of a democratic
and culture, Africa’s ways, are the key to its
state expressed in the Constitution of
development”.
South Africa are “the Republic of South
Africa is one, sovereign, democratic state
In the context of South Africa, our
founded on the following values among
Constitution (1996), has laid a good
foundation
in
its
preamble,
when
others: human dignity, non-racialism, and
it
non- sexism”.
highlights, “We the people of South Africa,
recognize the injustices of the past…
believe that South Africa belongs to all who
live in it, united in our diversity”. In addition,
THE ROLE OF TRADITIONAL LEADERS
the Constitution commits all South Africans
On the other hand, the “institution, status
to work towards a cohesive South African
and role of traditional leadership, according
society, “We therefore, through our freely
to customary law, are recognized, subject
elected
to the Constitution. The Constitution further
representatives,
adopt
this
Constitution as the supreme law of the
stipulates,
Republic so as to- heal the divisions of the
provide for a role for traditional leadership
past and establish a society based on
as an institution at local level on matters
democratic values, social justice and
affecting local communities, especially
fundamental human rights”. What remains
customary
is to strive for this laudable ideal of building
communities
a united nation, which is at peace with itself.
customary law”. It is clear that there is a
to
ensure
and
observing
customs
a
system
may
of
of
homeland dispensation to a democratic
“How do we design a customized model or
landscape
law
legislation
significant shift from the apartheid and
The policy question that begs an answer is:
suitable
“National
Republic of South Africa. In other words,
that
traditional leaders were stripped of the
modernity and tradition coexist and are
executive and legislative authority within
integrated and harmonized to truly reflect
their communities when wall to wall
our diverse and colorful society in the spirit
municipalities were established across
of our Constitution?”
South Africa.
5
My Tradition, My Pride
This is affirmed through section 151 (1), (2)
a department that would exclusively focus
and (3) of the Constitution of the Republic
on the support and development of the
of SA (1996), which brought about a radical
institution of traditional leadership. In
shift from the Black Authorities Act, 1951
response, the President of the Republic of
(Act No. 68). It stipulates, “Local sphere of
South Africa proclaimed the establishment
government consists of municipalities,
of the Department of Traditional Affairs in
which must be established for the whole of
December 2009.
South Africa.
Soon after its establishment, its immediate
Furthermore, “the executive and legislative
mandate was to examine the constitutional
authority of a municipality is vested in its
and other legislative mandate of the
municipal
“a
Department. As pointed out earlier, the
municipality has the right to govern, on its
South African Constitution democratized
own initiative, the local government affairs”
the institution of traditional leadership and
inclusive of traditional structures and
provided for recognition of traditional
communities.
leadership in the new dispensation with the
Council”.
In
addition,
intention to restore its dignity, legitimacy
This constitutional
reaching
provision
implications
for
has far-
and identity. To this effect, several pieces
traditional
of national and provincial legislation gave
leadership; structures and communities
effect to this provision, establishing houses
residing under the authority of elected
of
leadership within the municipal boundaries.
traditional
leaders,
defining
the
relationship to local government and
Their functions remain limited to facilitative,
specifying powers in the allocation of
supportive, complementary, and advisory,
communal land.
conflict resolution and ceremonial roles.
Subsequent to this exercise, the following
At the heart of the contention and conflict
five pillars constituting the "affairs" of the
between elected and traditional leaders is
Department were identified:
the struggle for control of the local sphere
of government despite the legislative and
1. Leadership;
constitutional provisions; these tensions
2. Governance;
seem to continue unabated.
3. Culture;
In the midst of this struggle, traditional
4. Administration of justice;
leaders continued to engage government
5. Socio-economic development;
expressing a need for the establishment of
6
My Tradition, My Pride
These pillars were premised on so-called
eight hundred and twenty nine (829)
"maintenance agenda". This is a short term
recognized senior traditional leaders and
agenda comprising of existing attributes
approximately 7,127 headmen and women
that would keep the institution afloat. The
operating under them and others operating
immediate focus was to deal with the "what
independently.
is situation", but not the unresolved “what
Given the background and resilience of the
ought to be" context. Despite all these
institution of traditional leadership in South
efforts, the discord between elected and
Africa over centuries, it is therefore argued
traditional leaders seems to persist.
that the debate or dialogue on the place of
customs and tradition in this country must
be part of the national agenda to enrich
TRADITIONAL
LEADERS
VERSUS
social cohesion and to unite us in our
ELECTED LEADERS
diversity. Furthermore, it is important to go
The tension between the current reality and
back to basics in search of our heritage and
the ideal state, is manifested through a lot
who we are.
of disgruntlement within the traditional
Why is it important to revisit the issues of
leadership sector about unresolved issues
identity,
and what seems to be the lack of political
culture
and
heritage?
It
is
significant because:
appetite to decisively confront these issues.

It is important to note that almost 20 million
three important elements that have
people constitute rural and traditional
a bearing on our self-worth and
communities in South Africa including the
dignity;
urban based communities who continue to

pay their allegiance to their traditional
the
South
African
When national identity is not clearly
defined and twisted, we become
leadership structures. This is almost 36%
of
Identity, heritage and culture are
baseless as a nation.
population.
Furthermore, there are 7,970 traditional
Traditional leaders and communities have
leaders in South Africa who have been
to be supported in their quest for self-
recognized in terms of law. This includes
identity and their journey towards self-
twelve kingships, five of which will become
actualization in modern society. They have
principal
by
to be equipped and empowered to enable
operation of law. A queenship has recently
them to lead their communities to a desired
also been recognized. In addition, there are
state in harmony with the democratic
traditional
leaderships
7
My Tradition, My Pride
principles enshrined in the Constitution of
function side by side.
the Republic of South Africa.
Nevertheless, the future of traditional
Needless to say that traditional leaders
leadership in South Africa is entirely
have always played a critical role in the
dependent on the current South African
development of society. Throughout the
leaders inclusive of traditional leadership to
ages, they have served as a steady,
shape the place and future of the institution
guiding
force
societal
progress.
of
communities
regarding
democratic environment created through
conflict resolution and matters that relate to
our laudable Constitution. Semou Pathe
social issues, welfare and many others are
Gueye (1999) warns that there cannot be
often placed under the guidance of
“African renewal with people who are
traditional leaders.
psychologically defeated and have lost
Decisions
in
for
traditional
leadership
within
the
their confidence in themselves and their
Currently, traditional leaders in South
ability to change their own situation
Africa continue to struggle with the bread
according
and butter issues such as inadequate
resources
provided
to
support
to
their
own
needs
and
aspirations”. He further maintains “we have
the
to restore the self-confidence of Africans,
institution and lack of funding model and
their pride and the historical internal
dedicated budgets for traditional councils
dynamics of their cultures”.
which constitute the backbone of this
sector. Some of the most burning issues
This paper also highlights some critical
often raised by traditional leaders are
observations and pertinent points raised for
among others, issues of land tenure
consideration during
especially communal land, the role of
engagement derived from the Fifteen Year
municipalities in land management, their
Review
involvement and their participation in ward
Leadership
and municipal council meetings, IDP
conducted by Human Sciences Research
processes, minimal support for traditional
Council:
the
Research
in
South
on
round table
Traditional
Africa
(2008),
courts and their role in socio-economic
development
within
their
jurisdictional
areas.
1.
There are clear signs that after a
long period of uncertainty on the approach
As stated earlier, the imposition of colonial
towards traditional leadership, government
and foreign governance structures brought
is now adopting the view of organic
about duality and they continue to exist and
8
My Tradition, My Pride
democracy
proponents.
makes
and using the administrative bureaucratic
government do slightly more than tolerate
support afforded by legislation. Whilst they
traditional leaders, which is better than the
are convinced that their role is critical in the
confusion of the last decade (1993 – 2002).
South African political system and that they
Policies seem to indicate that government
make real contribution at a local level, the
is seriously considering an integration of
Provincial and National levels have been
traditional leadership within the South
grappling with the question of their status
African system of governance. However,
and powers and not so much the question
this is at an early stage as there is still
of operations and precise specification of
uncertainty as to whether government sees
their role. Traditional leaders need to make
itself as having superior authority over
solid input as to whether specification of
traditional
leaders
traditional
their role by government is desirable to
leadership
as
governance
them given the integrated functions that
or
a
This
see
parallel
system.
they currently perform.
2.
4.
South African intellectuals are not
The fact that the State apparatus
in agreement about the relevance of
has every element of work that traditional
traditional leadership in the South African
leaders once performed is used to argue
political
are
therefore
for their invalidity in addition to the
about
traditional
argument of them being an anomaly in a
leadership core areas of operation and
specifically defined form of democratic
about their proposals on policy direction on
system. Specific issues are raised about
traditional leadership. Within this generality
their powers in collecting revenue from
there are those that are clear about the
rural
need to phase out traditional leadership
government, in addition to questions about
from the South African political system and
the
those who are adamant traditional leaders
customary issue and how that affects
must be given administrative support and a
women in particular.
generally
flexible,
system.
They
ambiguous
mutually
agreed,
citizenry,
meaning
their
of
them
role
in
dealing
local
with
policy
5.
environment in which to work. Whilst the question of integration of
traditional leadership with the State political
3.
Traditional leaders are at a very
regime is crucial and its delay has caused
early stage of establishing their own
tension both at national and local levels,
systems of analysis and negotiation of a
the approach of government and civil
range of social issues at a national scale
society is not one of co-operative crafting
9
My Tradition, My Pride
of a solution but one of confrontation on
developing Integrated Development Plans
technical issues around synergies between
and Land Use Management Plans. It is also
State legislation and a customary political
important to devise research that is
system.
carefully
This
standoff
is
somewhat
designed
not
to
see
rural
predicated on denial about the historical
governance in isolation from land issues,
nature of the problem coupled with
poverty
insistence on synergized democratic logic
values.
alleviation
and
socio-cultural
(with democracy defined exclusively in
terms
of
representativity,
procedural
and
routines).
6.
open
resolution about the legitimacy of investing
Area-based
in an indigenous system with the view to
approaches and area-based systems of
democratic
practices
are
not
make
only
proponents
and
traditional
schools
of
thought
provinces. The hesitation of legislation is
in
employ a variety of methodologies in
the
governance.
perceptions
Methods
could
on
and
operational system that works for all
government, it is important perhaps to
eliciting
system
developing a systematic funding and
democracy
pragmatists and how this is evidently
influencing
leadership
government. There is also a hesitation in
democracy
the
traditional
develop a systematic linkage between a
be enhanced. Given the current standoff
organic
because
to be hesitation in investing energy to
However this view of the pragmatists can
the
communities
merely in its aesthetic sense, there seems
consulted
anmissionsubmissions are being ignored.
between
Both
the
indigenous is often relegated to heritage,
discoursand civil society organizations
sufficiently
for
largely poor and because that which is
‘add up’ with the broad and generic political
been
work
leaders operate in communities that are
seen as unnecessary because they do not
not
it
concerned.
inconceivable at this stage, but they are
have
There is a need to come to a
rural
fundamental
to
all
the
experienced
currently.
Renaissance
thus
ambiguities
The
African
becomes
informal
political rhetoric of ceremonial occasions.
include:
consultation with communities on matters
7.
to do with traditional leadership policy, land
precise about the legitimate existence of
management policy, and gender issues in
traditional leadership as part of governance
rural governance. But it is also important to
of rural areas in South Africa, there is also
employ participatory methodologies and to
a need to specify government obligations in
invite input from Indigenous Knowledge in
ensuring smooth operations of the house.
10
My Tradition, My Pride
Coupled with an urgent need to be
This must be complemented by the Houses
In the process of pursuing the principle of
of Traditional Leadership developing their
unity in diversity, we can draw inspiration
own
and
from Gueye, when he makes a clarion call
accountability within the systems and
to those who are proud of their heritage to
between
rebuild their identity on the solid rock of
systems
of
operation
traditional
leadership
and
their best ancestral values, “enriched by
government. the
8.
Municipalities need to formulate
leaders
on
land
of
successive
generations of Africans who have shaped
institutional arrangements to work with
traditional
achievements
our history”.
use
development
We conclude this paper by borrowing wise
planning and other service delivery issues.
words from Ayi Kwei Armah cited by
Even the loose terms of ‘advising’, ‘being
Makgoba, MW, et al. (1999) in their
consulted’, and ‘influencing’ policy that are
compilation of papers delivered during the
directed at the local level relationships
African
must be systematized with real working
people losing sight of origins are dead, a
institutional mechanisms.
people deaf to purpose are lost. Under the
management,
integrated
Renaissance
Conference,
“A
fertile rain, in scorching sunshine, there is
no difference: their bodies are mere
corpses, awaiting final burial.”
These observations point us to the core of
the
problems
leadership
within
sector.
the
Traditional
traditional
Critical issues
leaders
therefore need to consider these issues in

Defining the ideal state
the process of redefining and locating

What will be required to take us there?-
themselves in the rightful place in modern
In terms of capacity building- What do
and a democratic South Africa. During the
we have to do to equip traditional
dialogue, we need to grapple with these
leadership
issues within the constitutional framework
( maintenance agenda) to that place
to create a coherent traditional and
called "there" ( ideal state)?
democratic model to enhance social
does the ideal state comprise of?
cohesion in South Africa.
to
shift
from
"here"
What
References
1. The Constitution. As adopted on 8 May
1996 and amended on 11 October 1996 by
CONCLUSION
11
My Tradition, My Pride
the
Constitutional
Assembly
of
the
Year Review on Traditional Leadership: A
Research Paper compiled by Human
Republic of South Africa.
Sciences Research Council Democracy an
2. Dowden, R. (2009) Africa: Altered States,
Ordinary
Miracles,
Portobello
Books,
London.
3. Gueye, SP. (1999) African Renaissance
as
an
Historical
compiled
during
Conference;
Challenge;
African
Mafube
Papers
Renaissance
and
Tafelberg
Publishing, Cape Town.
4. Holomisa, SP (2009) According to
Tradition: A cultural Perspective on Current
Affairs, Logo Print, Somerset West.
5. Mamdani, M. (2013) Define and RuleNative as political Identity, Wits University
Press.
6. Mbeki, T. (1998) Africa: The Time Has
Come,
Selected
Speeches,
Tafelberg
Publishers, Cape Town.
7. Okri, B. (2002) A Way of Being Free,
Phoenix House, London.
8. Pakenham, T. (1991) The Scramble for
Africa, Abacus, London.
9. Shaun de Waal. (2013) Mail and
Guardian interview with Francis Fakuyama,
an Olivier Nomellini Senior Fellow at the
Compiled and Distributed by
Freeman Spogli Institute for International
Department of Traditional Affairs
Private Bag X 804
Studies at Stanford University.
PRETORIA
0001
10. Sithole, P and Mbele, T. (2008) Fifteen
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My Tradition, My Pride
SOUTH AFRICA
Tel: 012 334 5859
Email: www.cogta.gov.za
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My Tradition, My Pride