Cogta Committee calls for implementation of Traditional Khoi-San Leadership Act
The Portfolio Committee on Cooperative Governance and Traditional Affairs (Cogta) has reiterated its call for the implementation of the Traditional and Khoi-San Leadership Act, currently in the President’s office. Parliament sent the Traditional and Khoi-San Bill to the President for assent into law after both Houses of Parliament, the National Assembly and the National Council of Provinces, adopted it in February 2019, writes Mava Lukani.
The committee’s call was a response to an appeal from the Secretary General of the Congress of Traditional Leaders of South African (Contralesa), Nkosi Zolani Mkhiva, for the recognition of Khoi-San leaders in South Africa. Nkosi Mkhiva argued that the Khoi-San are not aliens or refugees in South Africa; they are legitimate South Africans.
The committee had invited the National House of Traditional Leaders (NHTL) to discuss the work of this very important institution. The Department of Cooperative Governance and Traditional Affairs and Contralesa, represented by its Secretary General, were also part of the meeting.
In response to the appeal for the recognition of Khoi-San leaders, the Chairperson of the committee, Ms Faith Muthambi, reminded Nkosi Mkhiva that the Bill, which is largely about the recognition of Khoi-San leaders, was adopted by Parliament and sent to the President in 2019.
The Bill aims to, among other things, provide for the recognition of traditional and Khoi-San communities; to provide for the functions and roles of traditional and Khoi-San leaders; to provide for the recognition, establishment, functions, roles and administration of kingship or queenship councils, principal traditional councils, traditional councils, Khoi-San councils and traditional sub-councils; as well as the support to such councils.
The Deputy Minister of the Department, Mr Obed Bapela, who was also part of the meeting, told the committee that the Bill was signed by the President into law. However, according to him, the President could not write a letter for the commencement of the implementation of the Act, because certain nongovernmental organisations oppose the Act on the grounds of a lack of public participation in the Traditional and Khoi-San Bill.
The Chairperson of the NHTL, Nkosi Sipho Mahlangu, told the committee that the NHTL is unable to carry out its mandate because it lacks resources. He said the institution is not properly budgeted for by the Department of Traditional Affairs and, as long as that problem persists, the institution will continue to struggle and look like an “orphan in a polygamous family”. Furthermore, the department has no capacity to support the institution.
The committee expressed its appreciation to the NHTL because in spite of its lack of resources, the NHTL did not abandon its role of serving rural people, even during the height of the Covid-19 pandemic. Traditional leaders were the voice of the government in their constituencies, especially with communicating on how to live under the reality of Covid-19 – and by promoting adherence to health protocols.
The committee heard from the presentation it received from Nkosi Mahlangu that the Deputy Minister of Social Development, Ms Hendrietta Bogopane-Zulu, has used a partnership between the Department of Social Development, the National Lotteries Commission and Change Richmond Foundation to provide personal protective equipment to traditional councils in Kwazulu-Natal.
According to Nkosi Mahlangu, the equipment enabled traditional councils to continue with their support to rural people, notwithstanding Covid-19. Mr Mahlangu said Ms Bogopane-Zulu was a selfless servant of the poor and an agent of assistance to the people.
Ms Muthambi commended Ms Bogopane-Zulu for supporting the work of traditional leaders at a difficult time. “We note Ms Bogopane-Zulu’s gesture of support to traditional leaders with appreciation and we praise her for being a servant of the poorest of the poor,” said Ms Muthambi.
Both Contralesa and the NHTL
told the committee that the NHTL’s mandate is not just constitutional; it is also organic and originates from creation itself. They said the capacitation of the institution is not a matter of begging for help, but a matter of a must. Nkosi Mkhiva said the institution does not exist by accident, and that its leadership should be part of the processions of national ceremonies, such as the State of the Nation Address.
They called for the government to pay qualitative attention to rural communities because, they argued, if attention is poor, nothing will be done for rural and traditional communities. They said the infrastructure in rural communities is crumbling in front of the eyes of the government. Nkosi Mkhiva said: “The government must apply strategies, like the rapid electrification strategies that were applied by the first administration in 1994 for the electrification of villages to deal with the rural infrastructure and service delivery to the villages.”
Another issue which both the NHTL and Contralesa brought before the attention of the committee, was the issue of the tradition of initiation of boys, which halted due to the implementation of national lockdown regulation. They argued that since the country has moved to lockdown level 1, summer season initiation must be allowed to take place before the people defy regulations against initiation and do them anyway. “There is no hope that we will be able to convince the people to continue with the stoppage of the initiation of their children. To avoid that the government must allow initiation to take place under strict health protocols,” emphasised Nkosi Mkhiva.
Ms Muthambi wanted an explanation from the NHTL on its lack of involvement in the correction of section 25 of the Constitution, particularly on the appropriation of land. “I don’t see your involvement in the hearings that are brought to the communities by Parliament’s Ad Hoc Committee on the amendment of section 25 of the Constitution. What is your contribution in that very important process?” asked Ms Muthambi. She also asked the NHTL to say more on its financial report for the 2019/20 financial year.