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Question 1

ito s2(3) of the Traditional Leadership and Governance Framework Act, traditional communities must adapt customs and laws to be in compliant with the BoR by

Answer 1

preventing unfair discrimination;
promoting equality; and
seeking to progressively advance gender representation in the succession to traditional leadership positions.

Question 2

what were the main features of indirect rule

Answer 2

the governor-general was the supreme chief of all bantu-speaking groups with the powers of a traditional leader
president had edictal legislative powers in respect of bantu communities
special commissioner’s courts were established to adjudicate disputes between black people
Traditional leaders were appointed by the Governor-General

Question 3

What are the objectives of the Traditional Leadership and Governance Framework Act

Answer 3

• set out a national framework, norms and standards that will define the place and role of traditional leadership within a system of democracy;
• to transform the institution in line with constitutional imperatives;
• and to restore the integrity and legitimacy of traditional leadership in customary law and practices.

Question 4

Describe the position of traditional leadership in the pre-colonial era

Answer 4

relationship between traditional authorities-followers was a dynamic process of mediation between rulers and followers.
various forms of government existed, ranging from empires to tribal states.
Power was hierarchical and consultative.
The head of the empire/tribal state was at the apex of the power hierarchy with subordinate leaders, commonly referred to as “ward heads”.
At grassroots level, there were heads of patriarchal households.
Decisions taken in consultation with various councils at different levels.

Question 5

Describe the position of traditional leadership during the colonial era

Answer 5

the relationship between traditional rulers-followers was seriously undermined.
indirect rule transformed traditional rulers into government functionaries.
Their positions were from then on guaranteed by the colonial state and were no longer dependent on the support of their followers.
Traditional institutions of government were subjected to statutory rules
Traditional rulers recognised and appointed by the colonial government and their positions were no longer determined in accordance with indigenous laws and procedures.

Question 6

Describe the position of traditional leadership in the democratic era

Answer 6

conflicts and inconsistencies that beset traditional leadership under colonialism and apartheid have been transferred
In terms of section 211(1) of the Constitution grants recognision to traditional institutions subject to the Constitution.
This is a conspicuous anomaly, since democracy implies periodic and popular elections, while traditional leadership is inherited.
there was conflict with the non-discrimination clause of the Constitution, because the office used to be mainly reserved for men only.
According to the Traditional Leadership and Governance Framework Act, there is no prohibition on females being recognised as traditional leaders, and, in addition, specific provision is made for the recognition of queens and headwomen.

Question 7

what was indirect rule?

Answer 7

In South Africa, indirect rule was implemented nationally in 1927 with the Black Administration Act transforming traditional authorities and traditional courts into government institutions.