CHAPTERS
5.6 Legal frameworks
Local government policies are difficult to implement because some bureaucrats and officials do not understand the new legislation. Most respondents argued that in many development projects implemented with traditional leaders, there were no directions as to how such projects should be implemented. This questioned the model used for disseminating information to people working at local level. It was crucial that new policies be made clear to local government officials and other stakeholders involved in development project implementation. It was noticed in this study that there were lot of institutional changes which were rapidly taking place at local government level.
A good example would be the issue of traditional leaders and elected councillors and how they should work together for the implementation of rural development projects.
Some admitted that most of the legal frameworks gave more powers to councillors as compared to traditional structures. As one councillor argued that 'legal frameworks are hindering development, because they led to the shift in recognition, in favour of
mW1icipaiities which is new in our community. Councillors are more recognised than traditional leaders, and this destabilises the traditional structure and such destabilisation becomes a source of conflict' (Interview, 25 October 2004).
Some argued that local government policies were not complied with. Most of these policies seemed to support elected councillors and are silent about traditional leaders' role in development at local government level. But one can construct an argument that the implementation and the interpretation of legal frameworks are dependent on who is in power. Other councillors indicated'that they worked with traditional leaders because of their rural background and experience. In that respect, one traditional leader argued that councillors do have space to work, 'if there is no development it means that such a councillor is failing to attract development' (Interview, 25 October 2004).
It emerged in the interviews from different respondents that legal frameworks used in local government such as the constitution do not clarify the roles of traditional leaders in local government. Although officials do know what strategies can be used to deal with these practical problems associated with the political stand-off between councillors and traditional leaders, the municipality did not have sufficient financial resources to spearhead most of these strategies. One senior official argued: 'I would be happy to see a legal framework putting it straight as to what should be the roles and functions of traditional leaders in local government' (Interview, 04 October 2004).
5.7 Structures and mechanisms
Different participants (traditional leaders and councillors) argued that there is minimal training provided to the institution of traditional leadership. It was noted in most of the local government policies that the institution of traditional leadership could playa role in development, but some of these policies do not indicate how they should be involved. What has been the cause for concern was to understand whether the government is taking any responsibility in capacitating this institution. Most of the policies were enacted at the national level so what is expected is for the central government to take an initiative in capacitating the institution of traditional
leadership. However, respondents argued that national government did not playa role in training traditional leaders, and limited support was provided by the province. The Mayor argued that only the municipality does training for these two structures (traditional leaders and elected representatives) with its minimal budget. It was further argued that NOOs also trained traditional leaders, but without any follow-up to assess the efficiency of such training.
Councillors argued that chiefs who were gIven such training became more co- operative when it comes to development issues. This depicts the marginalisation of some of the members within the institution such as headmen, despite the large amount of work in which they are involved. It needs to be noted that headmen are also important in rural areas in different ways such as facilitating public participation and resolving local disputes in the absence of chiefs.32
Councillors argued that in other circumstances those traditional leaders provided with training programmes were more co-operative regardless of the fact that such training programmes were not well co-ordinated. Some of the training programmes were initiated by individual organisations on what they think is relevant to traditional leaders. It could be advantageous if such training programmes were developed in consultation with traditional leaders themselves. One traditional leader argued:
'training given to traditional leaders is not enough, at times we feel that we should be
given more, for development related issues. It is worth noting that traditional leaders are not the same. There are those who are not exposed to developmental issues whilst others are exposed. That is why we feel it would worthwhile to provide us with training' (Interview, 25 October 2004).
The issue of training programmes is a highly contentious issue; the government is currently capacitating the elected representatives, rather than traditional leaders, despite the fact that they were constitutionally recognised. It could be argued that the government's failure to train traditional leaders seemed to indicate that it was eliminating them from playing an active role in the current system and in the new
32 This has been noted at Mathenjwa Traditional Authority where the Chief Headman is acting as a chief since the death of Chief Mathenjwa. The same thing happened at Mngomezulu Chiefdom/Mngomezulu Traditional Authority since the death of Chief Mngomezulu.
approaches of development. Councillors contended that they were not aware of any workshop to capacitate traditional leaders. Instead, they were only witnessing debates about the issues of traditional leaders which are not productive at all at the end of the day. It is worth remarking that policies are in place but the government is lagging on the practical side. The Municipal Structures Act and the Municipal Systems Act refer to the participation of traditional leaders in municipal affairs, but these frameworks lack clarity, and do not consider the tensions between the two power blocs.