Kings are not above the law
APPARENTLY South African kings (and presumably queens) – the more than ten identified by the Nhlapho Commission and legally recognised – are above the law.
This was according to the President of the Congress of Traditional Leaders of South Africa (Contralesa), Kgosi Mathupa Mokoena, when commenting on the release on parole of AbaThembu King Buyelakhaya Dalindyebo.
But such a grave distortion of reality must be resisted, especially by black people, as it is rationalised on the wilful misinterpretation of their history and culture.
According to Mokoena, jail is not a fitting place for a king when he has committed crimes such as those committed by King Dalindyebo.
Instead, he argues that like in the “past”, a fine of cattle should be imposed. But Mokoena is plainly wrong. It is just not true that traditionally kings were treated differently when they had wronged their subjects. They were subjected to the same punishment, for example, banishment from a clan if they seriously transgressed the law.
What period is Mokoena referring to by stating “in the past”? During apartheid? Before colonialism? If he is referring to the apartheid era, the less said about the matter. But if he is referring to the pre-colonial period, there is no oral nor written historical record that supports the view that kings were above the law. Despots – and these are not befitting to be called “kings” – that abused their people did exist, just like in any society in the world, but this is not a general reflection of pre-colonial African societies.
South Africa is a constitutional state and not a monarchy and will likely never be given that because there is no “supreme” king/queen who can ever claim that their forebearers solely ruled over the whole of the geographical entity now known as South Africa. Kings are, therefore, subject to the constitution just like all citizens and only accorded powers and privileges that are accorded to them by that very constitution.
Traditional authority has a place in a democratic dispensation. It can engage – as it often does – the government if it feels it is being undermined or its powers are being trampled upon. But this structure cannot claim special status at the expense of other citizens.
DR THABISI HOEANE | Pretoria East