Chapter 22 - Institutions of traditional authority in South Africa

Question 1

What are the characteristics of the traditional state?

Answer 1

1. Own state. The boundaries of the comprehensive jural community are clearly demarcated with reference to topographical phenomena such as rivers, mountains and valleys.
2. Own household. The tern household denotes the interaction between the members of the jural community, including their everyday contacts
3. Own public law authority. Every jural community has organs of authority the exercise authority within the community and also represent the community against other jural communities.
4. The establishment and structure of the jural community were largely influenced by three groups of factors, namely genealogical factors, religious factors and territorial factors.

Question 2

Explain the traditional state in the pre-colonial period

Answer 2

Among the Bantu-speaking groups of Southern Africa, jural communities were usually territorial units in the sense that every jural community had its own territory. However, most jural communities developed out of an original founding group, which formed the core of the jural community and in which the ruling family was established.

Question 3

Explain the traditional state in the colonial period

Answer 3

The historical background shows that the colonial government recognised traditional authorities, commonly referred to as tribal authorities and traditional leaders were appointed by the colonial government.

Question 4

Explain the traditional state in the democratic period

Answer 4

After the adoption of this Constitution, traditional leadership continued to be regulated by legislation, and one of the results of the provisions of such legislation was more definition and regulation of some institutions of government.

Question 5

What are the different categories of traditional leaders?

Answer 5

1. Kingship or queenship
2. Principal traditional leadership
3. Senior traditional leadership
4. Headmanship
5. Regents
6. Acting traditional leaders
7. Deputy traditional leaders

Question 6

What are traditional councils?

Answer 6

In the exercise of his functions, the traditional leader was traditionally assisted by various councils, which served as advisors.

Question 7

Name 4 types of traditional councils

Answer 7

1. Private council
2. The general/representative council
3. The court council
4. The people’s assembly

Question 8

Are traditional councils recognised?

Answer 8

The recognition and functions of traditional councils are now regulated by legislation. Once a traditional community has been legally recognised in accordance with Section 2, that traditional community must establish a traditional council in line with the principles set out in provincial legislation.

Answer 9

A traditional council has the following functions:

1. Administering the affairs of the traditional community in accordance with customs and tradition;
2. Assisting, supporting and guiding traditional leaders in the performance of their functions; supporting municipalities in the identification of community needs;
3. Facilitating the involvement of the traditional community in the development or amendment of the integrated development plan of a municipality in whose area that community resides;
4. Recommending, after consultation with the relevant local and provincial houses of traditional leaders, appropriate interventions to government that will contribute to development and service delivery within the area of jurisdiction of the traditional council;
5. Participating in the development of policy and legislation at local level;
6. Participating in 35 40 45 development programmes of municipalities and of the 50 provincial and national spheres of government; promoting the ideals of co-operative governance, integrated development planning, sustainable development and service delivery;
7. Promoting indigenous knowledge systems for sustainable development and disaster management;
8. Alerting any relevant municipality to any hazard or calamity that threatens the area of jurisdiction of the traditional council in question, or the well-being of people living in such an area of jurisdiction, and contributing management in general: to disaster management in general.

Question 10

What are the 2 categories of houses of traditional leaders

Answer 10

1. A national house of traditional leaders and provincial houses of traditional leaders
2. Local houses of traditional leaders

Question 11

Explain the local House of Traditional Leaders in depth

Answer 11

These are recognised in terms of section 17 of Act 2003. The section provides that the number of members of a local house of traditional leaders may not be more than ten, or such other higher number not exceeding 20, as may be determined by the Minister - where there are more than 35 traditional councils within the area of jurisdiction of a district municipality or metropolitan municipality.

Question 12

Who elects members of the local House of Traditional Leaders?

Answer 12

1. All kings or queens
2. Their representative
3. Senior traditional leaders