Bid to stop tribal levies set for legal showdown

Villagers ‘can’t afford the unconstitutional charges’

A court showdown by the Legal Resource Centre (LRC) to force seven Limpopo traditional houses, including a minister and premier, to stop tribal levies is set to begin in June.

The LRC had last week managed to convince the Polokwane High Court to set the matter down for hearing unopposed for June 8. This came after all 11 respondents failed to file answering affidavits before a November 2016 deadline and failed again after they were given a January 27 extension.

The respondents are Minister of Cooperative Governance and Traditional Affairs (Cogta) Des van Rooyen, premier Stanley Mathabatha, house of traditional leaders, Cogta and human settlements MEC Makoma Makhurupetje. They also include Mukhomi, Mavembe, Modjadji, Matlala, Moletjie, Mogoboya and Machaka traditional authorities.

The LRC first brought the matter to court in July after receiving several complaints about the effects of levies on already poverty-stricken villagers in Limpopo.

In some cases villagers were made to pay up to R2 000 to move between two traditional jurisdictions, R350 to transfer property ownership, R400 for a stand, R600 for a burial site, R60 to cut firewood and R80 to report a case to a tribal house.

The LRC argued that the fees were unconstitutional as Limpopo was the only province that specifically imposes them through legislation. The Traditional Leadership and Governance Framework Amendment Act does not explicitly allow tribal levies, however, a portion of the Act requires traditional councils to meet once a year to account for “levies received”.

LRC lawyer Wilmien Wicomb said all respondents had initially indicated that they would not oppose the application, however, in November Cogta filed papers notifying of its intention to oppose.

Both traditional affairs department in Limpopo and Mathabatha’s office referred Sowetan to the provincial house of traditional leaders. Chief Malesela Dikgale, the house chairman, said their legal service was handling the matter.

“I’m being hated by LRC. They want to do things the western way and I’m an African I want them done the African way. That’s where we clash,” he said.

/ SANDILE NDLOVU Ester Lekgodi and Portia Tshikweta, carry firewood from the bushes to use as fuel at their homes in Botlokwa. Other rural communities in Limpopo are taking authorities to court over ‘unlawful’ tribal taxes.