Social Justice and human rights theory
4.2 The Case of Impendle in Context
This study was conducted in KwaZulu-Natal, (KZN) at Impendle, a small, deep rural area about 76 km to the outer west of Pietermaritzburg, the capital city of the province and the economic hub of the UMgungundlovu District Municipality. KwaZulu-Natal is predominantly rural and is mainly a dormitory province as most people of active economic age migrate to other provinces to work and live and only return to retire or due to ill health. The province continues to be plagued by the twin challenges of poverty and high rates of unemployment among women and youth, particularly in rural areas. It also suffers an endemic problem of rural underdevelopment.
There is high incidence of HIV/AIDS and service delivery backlogs; KZN’s dispersed settlement pattern adds to the cost of infrastructure development, KwaZulu-Natal Growth and development Strategy, (PGDS) (2006:16-17). These challenges depict the living conditions and real life circumstances of people in rural areas like Impendle, many whom have yet to experience the fruits of democratic governance in post-1994 South Africa. The need for service delivery is evident in the vision of the municipality which states that “by year 2017 Impendle would have provided the majority of the people and households in Impendle with sustainable access to their social and economic developmental needs and basic services in a fully integrated manner and within a safe and healthy environment” (2011/2012 IDP). This suggests that the community of Impendle is yet to enjoy the full effects and benefits of democracy. Impendle consists of mainly
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traditional dwellings and informal settlements, and is characterised by stark poverty, underdevelopment and a massive infrastructure and social facilities backlog. According to the Integrated Development Plan (IDP) of Impendle municipality (2011/12), the municipality has a population of 33 105, the lowest population within the UMgungundlovu district. The population decline is due to a host of issues already cited, including the perceived lack of economic confidence and opportunities in the area. People migrate to larger cities with better employment prospects; consequently a high percentage of households depend on government social grants such as the old age pension and child support grant. As an almost entirely rural and traditional community, Impendle residents live in mainly traditional Zulu dwellings and settlements under the rule of traditional leaders called Amakhosi (born into traditional leadership) and Izinduna (may have been selected or elected). According to data results, traditional leadership structuand traditional courts enjoy major support and are viewed favourably by the local community as a legitimate form of governance. The table below shows the demographics of Impendle as per the Census 2011, Municipality Report KwaZulu-Natal, Statistics South Africa, Report no. 03.01.53, (Statistics S.A., 2011).
Table 4.1 Selected Statistical Demographics of Impendle
Population 33 105
Households 8 205
Population Growth -1.34% pa
Unemployment 45.10%
Dependence Ratio of population between 15-64 years
18 482
Area 15 28 km ²
Source: Adapted by the researcher from Statistics South Africa, Census 2011 Municipal Report KwaZulu-Natal Report no. 03.01.53
Impendle is located in the province of KwaZulu-Natal which is next contextualised.
66 4.3 The Province of KwaZulu-Natal in Context
KZN is a predominantly rural province, with a dependency and poverty ratio level that is highest in the rural areas. As suggested in the KwaZulu-Natal Provincial Growth and Development Strategy, (KZN, PGDS, 2011: 45-48), it is South Africa’s most rural and the most populous province; home to 10645 509 people, more than 21% of South Africa. Black people are the majority in the province – predominantly Zulu and isiZulu is widely spoken. While there is some prosperity in the province, pockets of poverty are concentrated among women and youth, particularly in the rural areas. Fifty-four per cent (54%) of the population reside in rural areas; women and children are the majority in the province’s rural areas. The Global Insight Poverty Indicator (2005) cited in the KZN PGDS (2011) revealed that 5.3 million people in the province were living in poverty and 1.2 million people were living on less than US$1 per day.
As has been stated before, the rural areas in South Africa are characterised by infrastructural underdevelopment and an absence of social amenities. The largely rural nature of the KZN province and dispersed settlement pattern adds to the cost of development and infrastructure provision.
The rural areas of KZN are subject to the rule of traditional leaders as the primary governance and justice structure in their respective areas, izigodi. As Reddy and Biyela (2003:281) states,
“the institutional arrangement in rural areas in KwaZulu-Natal is that there are communities who live in wards or izigodi. These wards, izigodi constitute a Tribal Authority” Nstebenza, (2003:
177) defines traditional authorities as an all encompassing term to refer to “chief” of various ranks, who have jurisdiction over rural people. This means that the large majority of people rely on an indigenously-driven governance system. Reddy and Biyela, (2003:268) further state that KZN has one king and 277 chieftaincies; this makes it a province with the highest number of traditional leadership structures in the country. At the helm of the traditional leadership institution is the Zulu Monarch, King Goodwill Zwelithini KaBhekizulu Zulu. The monarchy enjoys constitutional recognition as the head of traditional leadership, and the ubukhosi, a state- recognised traditional leadership institution. The king has a largely ceremonial relationship within a constitutional democracy and it is incumbent upon him to act on the advice of the provincial premier (KZN PGDS, 2011). However, Ndlela, et al. (2010:2) expresse a different perception with regards to the current role of Inkosi, arguing that the perception of Inkosi as ceremonial and apolitical, is alien to the African culture since customs allowed them to act politically. The current perception of the role of traditional leaders as articulated in the
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Traditional Leadership and Governance Framework Act (RSA, 2008) emphasises the role of traditional leaders as custodians of culture, tradition and custom.
South African’s judicial environment is plural and this pluralist culture plays itself out in the rural areas with traditional leaders as custodians and advocates of traditional justice and the formal justice structures of the courts and police. The (KZN PGDS, 2011:64) suggests that the changing role of the traditional leadership is an area that requires greater attention and a new strategy for the province. It is ultimately incumbent on people to choose the justice system most responsive and suited to their needs. However, studies have revealed that rural people are neither always empowered nor knowledgeable enough to choose the means through which they want to access justice. The data analysis for this study reveals that the indigenously-driven justice system is the justice system of choice for the rural community in Impendle. This is in line with the view expressed by Ndlela, et al (2010:1) which states that rural people rely on traditional leaders for governance in matters regarding justice, land rights, customary and traditional practices.
Within the context of the village of Impendle and the province of KZN, data analysis and findings from this study are next discussed.