However, the creation of this democratically elected local government sparked debates about the role and capacity of traditional leaders. Therefore, the purpose of this dissertation is to explore the implications of the role played by traditional leaders in local government, particularly in Nelspruit TLC.
Problem Statement
Research Question
Subsidiary Questions
Hypothesis
Working Definitions
- Tribal Administration
- Traditional Authority
- Municipality
- Development
To understand this term, it is of great importance to know the structures or spheres of government in the Republic of South Africa. A municipality is therefore defined as a legal entity or as a geographical area that is determined in accordance with the Act on Municipal Municipal Demarcation.
Research Methodology
- Introduction
- Survey Approaches
- Methods of Eliciting Data
- Using Secondary Sources
- Personal Observation
- Using Primary Sources
- Key Issues Addressed
- Shortcomings Experienced During Data Collection
Agreements were made with each of the respondents regarding the dates, time and place of the interview for the sake of both the respondents and the researcher. The researcher first had to get permission from the chief before she could talk to the locals.
Chapter Outline
Another problem was that some key informants, for example the Chairman of the House of Traditional Leaders in Nelspruit was out of the country. The issue of good governance becomes the focus of the theoretical framework and also serves as the basis for the analysis of the study.
The Concept of Local Government
This is achieved by exploring the concept of local government and setting up debates around the issue of 'good governance'. The powers of the local government structures were used to serve the needs of the colonial regime.
History of Local Government in South Africa
The Local Government Negotiation Forum (LGNF) drafted the finance and service delivery agreement, which will see payment arrears written off to black local authorities. The local government system of white local authorities, black local authorities and regional service councils operated until 1993, when the LGTA was proclaimed.
The Post-Apartheid Local Government
- The Local Government Transition Act (LGTA)
- Local Government And The Constitution
- The White Paper On Local Government
- Municipal Demarcation Act
- The Municipal Structures Act
The third concept explored in the White Paper is institutional systems within local government. The White Paper on Local Self-Government is enforced in terms of the Municipal Structures Act (1998).
Local Government Vs Good Governance
Debates on Good Governance
In examining the definition of local government given at the beginning of this chapter, it can therefore be argued that local government under apartheid has never really been local government. The social consideration emphasizes the idea of a democratic process such as elections, and the governance side of local government. The second approach is not concerned with the nature of the state and government, but focuses on the relations between the state and society.
His assumption is that the nature, health and structure of the civic public sphere is dependent on the essential content of government relations.
Criteria for Good Governance
- The Level of Trust and Reciprocity
- The Degree of Accountability and Authority
- Relationship Between Different Spheres Of Government
- Promotion of Participation and Democracy
- Provision of Basic Services
- Ability to Raise and Spend Funds
- Building Appropriate Capacity in Stakeholders in the Community
- Promotion of Economic Development and Integration
It is for this reason that the relationship between local government and other spheres of government. Hadingham (2000) argues that this is the level of autonomy local government has in carrying out these functions. Good governance is characterized by developmental local governance where the basic needs of the community are met.
A successful local government is determined by its ability to spend its locally raised revenue at the local level.
Instruments For Good Governance
Overview of Past Planning Processes
The planning system known to date is based on spatial planning that was carried out at different levels, ranging from government level to provincial and local government levels, as well as on an individual basis, with private sector developers proposing new townships. It is worth noting that over time, more powers were given to government agencies until the government became a competitor to the private sector in land development and eventually land development by the private sector was completely excluded. Local governments and government departments prepared structure plans and metropolitan plans for the jurisdictions of a group of local governments.
Zoning plans have been and continue to be prepared for areas incorporated into a municipality or transitional local authority, where village layouts are proclaimed as new areas for settlement and incorporated into the jurisdictional area of a local authority.
The New Planning Processes
Conclusion
Introduction
The task of accommodating traditional leaders in a democratic society goes hand in hand with the reconstruction of local government, as traditional leadership is a recognized form of government in southern Africa. This will be achieved by providing the historical background of traditional leaders and also of traditional leaders in a democratic local government. Some examples of traditional leadership in African countries will be given, with the aim of providing insight into how the institution of traditional leadership might be dealt with in South Africa.
Observation Of Traditional Leaders From African States
- NAMIBIA
- BOTSWANA
- ZIMBABWE
- GHANA
The issue of traditional leaders and their role in the governance of Namibia became part of the public debate with the introduction of the Traditional Authorities Act in early 1995. It is argued that the country achieved its dominant position by fully integrating the institution of traditional leaders into modern administrative structures. According to Keulder (1998), the role of traditional leaders can be traced back to the pre-colonial period.
The first involvement of traditional leaders in Ghana was in the Coussey Committee on Constitutional Reform of 1949, which had strong representation from traditional elements.
Historical Background Of Traditional Leadership In S.A
Despite their continued prestige in some circles, the position of chiefs deteriorated throughout most of the Union period. According to Amtaika (1996), there was a change in the role of tribal authorities during the apartheid era. In the apartheid era, the policies of separate development according to ethnic groups saw a shift in the role of chiefs as they became increasingly dependent on the state bureaucracy.
Some had reputations as soldiers of the apartheid regime, while others were known as true leaders, fighting for the rights of their people.
Traditional Leadership In The Post Apartheid Era
Traditional leaders within the area of jurisdiction of a local authority are ex officio members of the local government. The 1993 constitution provided for the mandatory representation of traditional leaders in local government structures who reside within the area of jurisdiction of an elected local government. It simply states that the status and role of traditional leadership, under customary law, are recognized, subject to the Constitution (Article 211).
Mchunu (1997) states that the 1996 constitution deals with the issue of traditional leadership in less detail than the 1993 constitution.
Traditional Leadership In A Democratic Local Government
He proposes that elected local government in areas under traditional leadership be constituted in such a way that traditional leaders are represented and have a role to play. The role of traditional leaders is not limited to local government, because it is envisaged that they will approach and lobby other agencies and spheres of government. The White Paper also stipulates that district and local councils must inform and consult traditional leaders about municipal projects or programs within the traditional leaders' area.
Their function is an advisory and consultative one and does not have a direct impact on the local sphere of activities, either the municipalities or traditional leaders.
Challenges Of Traditional Leaders In Unfolding Local Government Structures
An important aspect that must be jointly addressed by elected councilors and traditional leaders is the avoidance and reduction of fragmentation of service delivery. Shubane (1998) argues that in the White Paper on Local Government few pages are devoted to the issue of traditional leaders, but a significant part of the population in South Africa experiences democracy in the form of local authorities in which chiefs serve. The functions of elected local government councilors and traditional leaders are therefore still to be clarified.
The appropriate role of traditional leaders at the local level needs to be determined and further clarification is needed.
The Current Debates On The Role Of Traditional Leaders
Laws dating back to the past assigned powers and functions to traditional governing institutions similar to those exercised by municipalities in terms of the Constitution, the LGTA and the Local Government Structures Act. The Daily News reports that traditional leaders handed over a thick document to the president detailing their unwillingness to be part of the new local government structures. The Amakhosi believed that they are the custodians of their ancestral land, if they are incorporated into the local government, all tribal land is transferred to municipal structures.
He said that the creation of new municipalities in the areas of jurisdiction of traditional leaders would usurp the powers of those leaders.
Conclusion
Since 1993 during the World Trade Center negotiations, traditional leaders have put forward detailed proposals for how traditional leadership could be accommodated in a comprehensive system of local governance. The process of incorporation should encourage traditional leaders to involve all members of the community in decision-making, especially in development programs because any project in an area must be accepted by the members of the community. The following chapter aims to describe some findings on the role of traditional leaders and the implications of incorporating the Msogwaba tribal area into the Nelspruit TLC.
She will also present an assessment of good governance and the involvement of traditional leaders in municipalities.
RESEARCH FINDINGS AND ANALYTIC SYNOPSIS
Introduction
Section One: Contextual Analysis Of Nelspruit TLC .1 Physical Location
- Establishment of Nelspruit
- Demographic Characteristics
- Levels of Employment
Another event was the construction of a railway line connecting Johannesburg and Delagoa Bay, the capital of Mozambique. The area now known as Nelspruit was chosen as the first railway station of the first section from Delagoa Bay (Bornman: 1995). The population of the greater Nelspruit area is mainly concentrated in Nelspruit, Kanyamazane, Msogwaba, Mpakeni and Matsulu.
The majority of the people of the Greater Nelspruit live in Msogwaba and Mpakeni, i.e.
THE INCORPORATION OF TRIBAL AREAS TO NELSPRUIT TLC
SECTION TWO: FINDINGS FROM THE INTERVIEWS
Traditional leaders continue to challenge the land issue and the role they must play in local government. Elected councilors said traditional leaders do not attend meetings when called. A representative of the House of Traditional Leaders mentioned that traditional leaders are interested in development.
They also stated that traditional leaders do not participate when councilors call for meetings.
SECTION THREE: ASSESSMENT OF THE GOVERNANCE IN NELSPRUIT TLC ACCORDING TO THE CRITERIA
Councilors are aware of their role of being responsible for development, but they have no strategy to deal with traditional leaders. The councilors say that they are obliged to develop every area under the municipal jurisdiction and believe that traditional leaders are hindering them in their development because they are not ready to cooperate. According to the councillors, it was discovered that the community in the tribal areas is very supportive of their traditional leaders.
It is worth noting that urgent attention needs to be paid to good relations in the TLC in Nelspruit because the conflict that exists between traditional leaders and elected councilors is somehow hindering the development of the TLC.
Conclusion
CONCLUSIONS AND RECOMMENDATION
Introduction
Conclusions
Community members in traditionally controlled areas are known to be very protective of their traditional leaders. In Msogwab's case, there was never any mention of failure in development or unfulfilled promises in terms of service delivery by traditional leaders. Traditional leaders feel undermined by elected councilors doing things behind their backs.
But because of the new democratic South Africa this combination is inevitable, traditional leaders should be retained in the new dispensation.
Recommendations
Traditional leaders must be represented in municipal councils, committees and working groups of the council. It is not only traditional leaders who need to be competent, but even councilors themselves. In terms of development and planning, traditional leaders should know the new methods of service delivery.
Has the involvement of traditional leaders strengthened or weakened the role and/or function of local government?
DERMACATION PROCESS
Has the inclusion of traditional leaders strengthened or weakened the role and/or function of traditional leaders? If so, what role should traditional leaders play in local government, municipal governance and development? What are the types of services provided to you after incorporation?
What role do you think traditional leaders should play in this area and what about the congregation?
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LOCALITY
GREATER NELSPRUIT
LDO/IDP
