Local Government Demarcation and Traditional Leadership

 

1: Introduction

1. Sections of the Traditional Leadership (TLs), particularly in KwaZulu-Natal, are
   vigorously opposing the re-drawing of municipal boundaries and the establishment of
   primary municipalities in Traditional Authority (TA) areas.

2: Nothing New in the TLs case.

1. All the issues currently being raised by the TLs have been raised before and have been
   responded to by the movement – CODESA, Multi-Party Negotiating Forum, Constitutional
   Assembly process, White Paper on Local Government, Demarcation Bill hearings, Municipal
   Structures Bill hearings. So there’s nothing new in their arguments. Basically there
   is a political agenda at issue here.

3: ANC and Alliance Policy

1. The framework for the current legislation is provided by the policies that emerged
   through the processes discussed in 2 above. The 1997 Mafeking Conference resolution is
   also relevant.

4: Wall-to-Wall Primary Municipalities

1. The TLs are opposed to primary municipalities in TA areas or they want TA authority
   areas themselves to be regarded as primary municipalities:

• The Constitution requires primary local municipalities (category Bs) to be established
  throughout the country. To concede to the TLs demands will require a change to the
  Constitution.
• Why should people from TA areas be excluded from the resources and development
  possibilities that primary municipalities can bring?
• To constantly attack Mike Sutcliffe and the Demarcation Board is not helpful- they are
  merely implementing the Constitution and legislation.

5: Powers and Functions

1. It’s not true that the powers and functions of TLs will be automatically taken over
   by primary municipalities:

• At his State of the Nation address to parliament, Comrade President Mbeki said:
  "Once again I would like to assure our traditional leaders….. that the
  demarcation process bears no relationship whatsoever to, and has no negative impact on,
  their role and power"
• In practice, a municipality will exercise its powers and functions in a way that takes
  account of the role of TLs, given the valuable role they can play.
• In terms of the Municipal Structures Act (MSA), municipalities have to give traditional
  leaders a say on matters affecting their areas.

6: Local Government and the Land Question

1. It’s not true that the demarcation will automatically mean that municipalities will
   take over communally-owned land under control of TLs:

• The Demarcation Board is demarcating municipal administrative systems and not land.
• Municipalities do not have legal ownership of the land.
• The land question is being dealt with by the Department of Land and the national
  government, not municipalities.

2. However, there needs to be further discussion about how
   municipalities will relate to the land controlled by TLs, as land use-planning is a major
   function of municipalities.

• In any case, to devise Integrated Development Plans (IDPs) consultation is necessary
  with widest range of stakeholders, and so TLs can have a significant say.

7: TA Areas and Rates

1: It’s not true that rates will be unilaterally applied to TA areas.

2: TA areas are communally owned – yet to apply rates property has to be privately
owned.

3: To apply rates land has to be surveyed – and this will take very long.

4: The pending Property Rates Bill also makes provision for exempting those owning
property and/or earning below a certain amount from paying rates.

5: Any application for rates will have to entail consultation with TLs.

8: Customary/Tribal Courts

1. It’s not true that the setting up of primary municipalities in TA areas will lead
   to the undermining of customary/tribal courts:

• Municipalities do not have powers and functions dealing with customary law.
• Matters related to customary law are dealt with by the Department of Justice and the
  national government.
• Comrade President Mbeki has asked Comrade Penuell Maduna to write to the TLs to inform
  them that their powers in respect of customary law will not be eroded by the establishment
  of primary municipalities.

9: Customs and Traditions

1. It’s not true that the traditions and customs of people living in the TA areas will
   be undermined by the setting up of primary municipalities:

• Municipalities do not have powers and functions to alter the customs and traditions of
  people.
• If there is not significant development of the TA areas because they are excluded from
  being part of primary municipalities, people will gravitate to the cities anyway, thereby
  being exposed to a more "non-traditional" culture….

1. TL Representation on Municipal Councils
1. Unlike the present system, with the new model of local government to come into effect
   after the next local government elections, TLs will not have voting rights in the
   municipal councils and can constitute no more than 10% of the councillors. However:

• On issues affecting TA areas, the MSA requires municipalities to consider the views of
  the relevant TLs.
• The MSA provides some flexibility on TLs for MECs, after consulting the provincial
  Houses of TLs, to "regulate the participation of traditional leaders in the
  proceedings of a municipal council "and prescribe a role for the traditional leaders
  in the affairs of a municipality"

10: Loss of Power, Patronage and Resources

1: TLs are obviously worried that they will suffer a loss of power and capacity for
patronage and access to resources. They are concerned about the loss of salaries and
allowances as ex-officio members of municipal councils. Some of them are raising a whole
series of wider issues about claims to land, the centrality of traditional leadership to
the national question, a review of issues already fully addressed in the 1990-1996
negotiation process, and so on. There is a highly political agenda at issue in these
claims.

2: Some of these losses are inevitable given the nature of our changing democracy, but
others of the TLs’ concerns can be addressed amicably.

• There is a need to draw a distinction between some of the need of TLs and the people who
  live in these areas – the poor who live in these areas will have much to gain from
  the establishment of primary municipalities.
• The broader issues raised need to be addressed through further political negotiations
  – and are not relevant to the immediate establishment of primary municipalities

11: Addressing the Concerns of TLs

1: Since 1994 much has been done to improve the position of TLs, including the
establishment of the provincial and national Houses of TLs, rationalising and improving
their salaries, and providing a broad national framework for their role. More is planned.
There are Green and White Papers and legislation pending. The implementation of our rural
development strategy is also important in this regard.

2: As the Tripartite Alliance we need to develop and fine-tune our approach to the role
of TLs in our new national democracy – and it is within this context that we have to
address the TLs concerns about municipalities.

3: Importantly, the concerns of TLs cannot be properly addressed outside of the context
of the peace process and the coalition government in KwaZulu-Natal.

4: There are sensitive negotiations underway involving the Presidency, Comrade Sydney
Mufamadi and the TLs. The Comrade President is also going to meet TLs around the country.

5: Obviously the approach of the Tripartite Alliance to the concerns of the TLs must
take account of the progressive role that TLs can play in local government issues, the
support they command in parts of the country, the need to ensure the success of the local
government elections and the implementation of the new model of local government, and the
sensitive ANC-IFP negotiations. But clearly there is no choice but to establish primary
local authorities in TA areas.

6: For the SACP, beyond identifying with the overall approach of the Tripartite
Alliance to TLs, we also need to develop a specifically class perspective on TLs. We need
to begin a long-overdue discussion on this subject.