Transcript TABLE OF CONTENTS

TRADITIONAL LEADERSHIP AND
LOCAL GOVERNANCE
CONFERENCE
“The Impact of Traditional Leadership and Councillor
Collaboration on Development”
Presentation by: Khayo E. Mpungose
Municipal Manager, Ugu District Municipality
Elangeni Hotel, Durban
Tuesday, 31 July 2007
TABLE OF CONTENTS
1. Introduction
2. Legislative Framework for Local Government
3. Legislative Framework for Traditional Leadership
4. Historical Perspective on Traditional
5.
6.
7.
8.
Leadership/Councillor Collaboration 1996-2000
Historical Perspective on Traditional
Leadership/Councillor collaboration 2001 – 2006
New Framework for Traditional
Leadership/Councillor Collaboration: 2006 – 2011
Development Practitioners’ Perspectives on
Collaboration
Conclusion
1. INTRODUCTION
1.1 VALUES OF SOUTH AFRICA
 Human dignity, the achievement of equality and
the advancement of human rights and freedoms.
 Non-racialism and non-sexism.
 Supremacy of the Constitution and rule of law.
 Universal adult suffrage, a national common voters
roll, regular elections and a multi-party system of
democratic government, to ensure accountability,
responsiveness and openness.
1.2 BILL OF RIGHTS
 Everyone has inherent dignity and the right to have
their dignity respected and protected.
 Everyone has the right: (a)To an environment that is not harmful to their health
or well-being, and
(b)to have the environment protected, for the benefit
of present and future generations, through
reasonable legislative and other measures that
(i) prevent pollution and ecological degradation;
(ii) promote conservation; and
(iii) secure ecologically sustainable development
and use of natural resources while promoting
justifiable economic and social development.
2. LEGISLATIVE FRAMEWORK FOR
LOCAL GOVERNMENT
2.1 Chapter 7 of the Constitution
of the RSA, Act 108 of 1996
– Objects of Local
–
–
–
–
–
Government.
Developmental duties of
Municipalities.
Categories of Municipalities.
Powers and functions of
Municipalities.
Terms of Municipal Councils
Organised Local
Government.
2.2 White Paper on Local
Government,
1998.
.
– Current Reality.
– Developmental Local
–
–
–
–
–
–
Government.
Co-operative Government.
Institutional systems.
Political Systems.
Administrative Systems.
Municipal Finance.
Transformation process.
LEGISLATIVE FRAMEWORK (Cont.)
2.3 Municipal Structures Act 117
of 1998
2.4 Municipal Systems Act of
2000
– Establishment of
– Community Participation.
Municipalities and their
Councils.
– Internal structures and
functionaries.
– Participation of Traditional
Leaders (581)
– Functions and Powers
– Integrated Development
Planning.
– Performance
Management.
– Municipal Services.
LEGISLATIVE FRAMEWORK (Cont.)
2.5 Municipal Finance Management Act 56 of
2003.
2.6 Municipal Property Rates Act 6 of 2004.
3. LEGISLATIVE FRAMEWORK FOR
TRADITIONAL LEADERSHIP
3.1 Chapter 12 of Constitution of the RSA, Act 108 of 1996.
3.2 Traditional Leadership and Governance Framework Act 41 of
2003.
– Mandatory role for national and provincial spheres of
government to promote partnerships between municipalities
and traditional councils
LEGISLATIVE FRAMEWORK
(CONT.)
Partnerships to be:-
(a) Based on the principles of mutual respect and
recognition of the status and roles of the respective
parties; and
(b) Guided by and based on the principles of cooperative governance.
– Permission to enter into a service delivery
agreement with a municipality as per Municipal
Systems Act.
3.3 KWAZULU-NATAL TRADITIONAL
LEADERSHIP AND
GOVERNANCE ACT 5 OF 2005
 Establishment of Traditional Councils
 Establishment of Local Houses of Traditional
Leaders
 Institutions as Organs of State
4. HISTORICAL PERSPECTIVE ON
TRADITIONAL
LEADERSHIP/COUNCILLOR
COLLABORATION: 1996-2000
 Traditional Leaders served as ex officio voting
members of Regional Councils
 No ward councillors in rural areas
5. HISTORICAL PERSPECTIVE ON
TRADITIONAL /COUNCILLOR
COLLABORATION: 1996-2000
 Municipal Systems Act provision of 20%
participation by Traditional Leaders in Local
Government ignored.
 High tension levels
 Participation by Traditional Leaders in IDP
processes
6. NEW FRAMEWORK FOR
TRADITIONAL
LEADERSHIP/COUNCILLOR
COLLABORATION
 Hope emanating from new legislative
dispensation on Traditional Leadership
 Prospects for collaboration enhanced by new
institutional framework
7.DEVELOPMENT PRACTITIONERS’
PERSPECTIVE ON
COLLABORATION
 Traditional Leaders as the majority land owners
 Presidential addresses to the National House of
Traditional Leaders
 Case Study: eThekwini Municipality
 Case Study: Ugu District Municipality
7.1 TRADITIONAL LEADERS AS
MAJOR LAND OWNERS
 Ingonyama Trust as the de jure land owner
 Amakhosi as de facto land owners
 Municipalities responsible for land use management
 Common jurisdiction between local government and
traditional leadership.
 Impact on local economic development, eg. Umhlanga
Ridge development following collaboration between
erstwhile North Council and Traditional Leaders.
 Impact on moral regeneration
TRADITIONAL LEADERS AS MAJOR
LAND OWNERS
(Cont.)
 Tension created ahead of transformation of
traditional leadership
 Great prospect for collaboration given the new
institution framework for traditional leadership.
7.2 PRESIDENTIAL PRONOUNCEMENTS
AND EXPECTATIONS
 Formation of partnerships between municipalities
and traditional councils to speed up service delivery
and development.
 Collaboration on local economic development.
 Neighbourhood development partnership grant and
its beneficial impact on surrounding rural areas eg.
Mpophomeni in Umngeni, Nkowankowa in Tzaneen
and Ndwedwe.
PRESIDENTIAL PRONOUNCEMENTS
AND EXPECTATIONS
( Cont.)
 Transformation of traditional leadership
institution as a spring board for collaboration
against corruption and promotion of Batho Pele
objectives.
CASE STUDY: eTHEKWINI
MUNICIPALITY
 Insengwakazi, a Section 21 special purpose vehicle, was
created to focus on social facilitation and development
of infrastructure
-a four-year old success story on collaboration between
councillors and traditional leaders
 Area based management
-Rural Area based management
-Ward based approach
-Funded through EU
-Covering more than 1 Amakhosi areas
-Infrastructure development, eg. MPCCs
CASE STUDY
(Cont.)
 Collaboration experience is varied
-KwaXimba is very good
-Umnini fraught with tension and mistrust
-On the whole common jurisdiction reality
compels both parties to collaborate.
 Amakhosi attend municipal council meeting as
observers and receive locomotion allowance
from municipality.
CASE STUDY
(Cont.)
 Amakhosi Forum and Steering Committee
- Foster cooperation and mutual respect
-Dedicated councillor looking into collaboration
 Party political interests and preferences
sometimes undermine collaboration.
CASE STUDY: UGU DISTRICT
MUNICIPALITY
 Amakhosi do not attend Municipal Council meetings
 Masakhane water pipeline extension
-Conceptualised in January 2005
-Project commenced in November 2006
-Emanated from the lack of branch pipelines to
communities.
-Communities through councillors and traditional leaders
made representations to municipality asking to dig
trenches and lay pipes as volunteers.
CASE STUDY
(Cont.)
-Municipality had to undertake studies to ensure water
availability
-KwaNzimakwe Traditional area has 80% of households
with access to communal standpipes within 200m
-KwaNdwalane Traditional area has 60% of households
with access to communal standpipes within 200m and
work is still in progress to eradicate backlog
-KwaMadlala Traditional area has 55% of households
with access to communal standpipes within 200m and
work is still in progress to eradicate backlog
CASE STUDY
(Cont.)
 Alcohol abuse, coupled with Hlonipha custom,
sometimes undermines collaboration
 Party political interests and preferences
sometimes undermine collaboration
-Some councillors bypass and/or ignore Amakhosi
CASE STUDY
(Cont.)
 Vulamehlo Water Scheme
-R24m scheme for three traditional communities
-15 000 beneficiaries
-Scheme was on the verge of delays and vandalism due
to cross boundary disputes and interests
- Lack of collaboration between councillors and
Amakhosi was evident.
-Ugu District Municipality intervened by approaching
neighbouring Sisonke District Municipality who agreed to
offer similar services .
CASE STUDY
(Cont.)
 Mathulini Cemetery
-Umzumbe Local Municipality’s R2m project for
a cluster
-Ward Community and ward councillor were
opposed to the cemetery, whereas cluster
community, Inkosi and other councillors wanted
the project to be based in that particular ward
-Consultants and contractor were appointed by
the municipality and preliminary work
amounting to +_R300K was done.
CASE STUDY
(Cont.)
-Community meeting held, but boycotted by
ward community, endorsed project and its
location
-When contractor, consultant and municipal
staff were on site, they were stoned by the ward
community and fled.
-Project did not materialised and money was
lost to the cluster.
8. CONCLUSION
 Collaboration must be underpinned by community
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participation in development.
Literacy levels of both traditional leaders and councillors
must be enhanced.
Regular meetings between local municipal councils and
traditional councils must be encouraged.
Regular meetings between district municipal councils
and local houses of traditional leaders must be
encouraged.
Participation of traditional leaders in local government in
terms of Municipal Structures Act must be encouraged.
CONCLUSION
(Cont.)
 Collaboration will speed up service delivery and
development.
 All communities will benefit through
collaboration between traditional leaders and
councillors.
THANK YOU !