This document discusses the role of traditional leaders in a democratic South Africa. It outlines key areas such as how traditional leadership can contribute to democracy and whether it is still relevant today. There are also areas of conflict discussed, such as accountability and gender equality. The document argues that cooperation between traditional leaders and local governments is important and proposes ways they can work together, such as through participation in legislative processes and local structures. It concludes that both must relate to promote development, transparency and accountability while acknowledging traditional leaders' influence over communities.

1. Discussion Paper On The Role Of
Traditional Leaders In a Democratic
South Africa
Conference on Traditional Leadership by COGTA
12th—13th December 2011
By: Sandile Cele
CEO: SALGA-KZN
Sscele@kwanaloga.gov.za

2. EXECUTIVE SUMMARY
Key Areas are:
• The importance of the role that can be played by traditional leadership in
contributing to the entrenchment of democracy in South Africa
• Whether traditional leadership is still relevant today, and whether it can
co-exist with democratic forms of governance
• Highlights the legal framework that is already in place
• Finally, consideration is given to the roles of municipal councilors versus
traditional leaders—taking into account the Constitutional Mandate of
Local Government and the fierce competition over power and resources
that characterises the relations at a local government level

3. INTRODUCTION
Question:
“Can the institution of traditional leadership be transformed
to serve the interests of the people as a whole in conformity
with the democratic principles embodies in the
Constitution?”
o Starting point is to understand the objectives of the
conference
o Progress made in assessing the state of governance in
traditional affairs (by COGTA)
o What are problems affecting relations at local government
level
o What are proposed areas of cooperation at local
government level

4. What are the areas of conflict?
• The perception that the fundamental cultural rights and roles of traditional leaders
within rural communities are unfairly compromised by the democratic laws and
the Constitution.
• The question of whether the traditional leaders must have a ‘political voice’ and
be included in the participatory structures of government
• Whether land administration should be left in the hands of traditional leaders or it
should be a government function.
• The principle of gender equality (in particular the role of women in a traditional
leadership system) and
• The question of accountability as a democratic principle (whereas in a democracy
power lies with the people, democratically elected leaders would therefore be
expected to account to the people; when it comes to traditional leadership, the
question of accountability is not very clear).
• The perception that traditional leadership undermines the commitment towards
achieving an accountable and efficient form of democratic governance in South
Africa

5. Argument on Cooperation
• It is our argument that when all these areas of conflict
are dealt with, cooperation between the traditional
leaders and municipal councillors will be natural.
Precisely because in South Africa, there are large ethnic
communities which subscribe to the values and
customs of traditional leadership and which are thus
not ‘adequately’ represented by the contemporary
system of democracy.
• The question that remains, however, is what are the
areas of cooperation that need to be realized at a
local government level?

6. The Proposals on Cooperation
• Participation of traditional leaders in the national and or provincial
legislative process through the national or provincial house of traditional
leaders (whether in the NCOP or in the Provincial legislature)
• Participation in executive intergovernmental structures such as
intergovernmental forums and various MINMECS.
• Participation through the houses of traditional leaders in the budgetary
and financial resource allocation process (across the spheres)
• Capacity development for traditional leaders in order for them to
meaningfully participate in all these structures
• At a municipal level, traditional leaders must work with ward councillors,
especially their participation in structures such as ward committees, IDP
Forums, Community Police Forums, school governing bodies and all the
local participatory structures will allow them an opportunity to influence
processes.

7. Conclusion
• Service delivery and economic development through land
use and agriculture is crucial to improving the lives of rural
communities within the context of nationally defined
priorities of social transformation.
• It is imperative that local government and traditional
leaders should relate to each other in forging a meaningful
partnership thereby promoting transformational
imperatives, notably development, transparency and
accountability.
• It is only fair to acknowledge the influence traditional
leaders have over certain communities in South Africa.
Such influence must not be confused with power to govern
which is conferred by the constitution on the sphere of
local government.