Transcript Background and introduction • The story of Cala Reserve, in Xhalanga, whose residents had to struggle against the govt.

Background and introduction
• The story of Cala Reserve, in Xhalanga, whose residents had to struggle against the govt. to
claim their democratic right of electing their leaders, provides an answer to this question.
• To these residents, democracy means very little because the government, in
cohort with traditional leaders, treats them as non-South African citizens.
• Yet, the residents of Xhalanga, have since the colonial period, been having an
established tradition of having elected headmen. This excludes Mbhenge. The
government is now undermining this entrenched tradition.
• The case of Cala Reserve, which went to the High Court for the rights of the
residents to be recognized, aptly illustrates the point. It shows that traditional
leaders want to keep rural residents dependent on their mercy.
• The words of one of the representatives of the KwaGcina Traditional Council (KTC)
who boldly stated: “Nithanda ningathandi, sithi bantwana begazi abazakugqiba
ngesibonda (Whether you like it or not, it is the royal family that decides on the
headman)”, capture the attitude of traditional leaders.
Background and introduction continued
• In March 2013, the KTC imposed an unelected headman on the residents of
Cala Reserve. This was done despite protestations by members of the Planning
Committee that the imposition was against the community’s custom.
• Various levels of traditional leaders were unsuccessfully approached for
intervention. Instead, the traditional leaders informed the residents that the
legislation took away the resident’s right of electing their headmen.
• Even the Dept of Local Govt & Traditional Affairs and the Premier were approached and
was informed about the imposition of an unelected headman. Both took the side of
traditional leaders and left the residents fighting on their own.
• That is why the residents resorted to the High Court, which confirmed that the
imposition of an unelected headman amounted to undermining the community’s
custom of electing their headmen.
The High Court judgement and its implications
• The High Court judge has ordered that the people of Cala Reserve be allowed to
elect their headman. Thus, the imposed unelected headman has been removed.
• The Judge’s decision was based on Ntsebeza’s research, which shows that all
headmen in Xhalanga, except in Mbhenge, are elected. It was the same research
that helped the Planning Committee to identify an angle in its opposition to the
imposed headman.
• The implication of judgement is that of the six headmen in the KTC, only one
cannot be subjected to an election process. Five headmen have to be elected.
Such a situation puts democratically-elected headmen in the majority within the
KTC.
• Similarly, 21 out of 22 headmen in Xhalanga will be elected by communities: giving
the pro-democracy group the upper hand in governance of rural communities.
Growing trend of imposed headmen
• Cala Reserve is not the only village there has been an imposition of headmen.
There are imposed headmen in all four traditional councils of Xhalanga.
• The process started after the introduction of the province’s Trad. Leadership &
Govn Act. It started in 2007 in Tsengiwe under Ehlathini Traditional Council.
• Between 2008 and 2010, headmen were imposed in two other villages –
Mbodlane and Mnxe , under Ehlathini and Qolombeni trad. councils respectively.
• Cala Reserve, under the KwaGcina Traditional Council, is the third village where
the imposition has taken place in 2013.
• The last imposition happened in 2014 at Indwana, under MaQwathini Traditional
Council.
• Additionally, traditional councils are generally undemocratic because the majority
of their members are unelected.
The traditional councils in Xhalanga
Ehlathini
Traditional
Council
MaQwathini
Traditional
Council
KwacGina
Tradional
Council
Qolombeni
Traditional
Council
• Of the four traditional councils, it is MaQwathini and KwaGcina Traditional
councils that are led by chiefs. The other two are led by headmen.
The KwaGcina Traditional Council (KTC)
• The KTC consists of these six administrative areas:
Nyalasa
Manzimdaka
Cala
Reserve
Mbhenge
Hota
Mbewula
Qhiba
• Thus, there are six headmen under Chief Gecelo. It is also these headmen
that are constitute 60% of unelected members in the KTC.
• Currently, the KwaGcina Traditional Council (KTC) consists of 11 members. This
excludes the chief.
• According to the Tradiontal Leadership & Governance Framework Act (TLGFA),
60% of traditional councils’ members must be the chief’s nominees. In the KTC,
the chief’s nominees are the six headmen, and they remain power indefinitely.
• 40% of the council members are elected by communities within the traditional
council. In total the elected members are five. The elected members serve in the
traditional council for five years.
• One third of the elected members are women, who are actually two in number
within the traditional council. As can be seen, the traditional council is
undemocratic, in that the majority of its members are unelected. And, women
representation is almost non-existent in the council.
Responses of communities to the growing
trend of imposed headmen
• In 2014, Siyazakha Land and Dev. Forum & CALUSA established a Democratisation
Task Team consisting of representatives from these villages with indicated
problems of governance in Xhalanga: Cala Reserve, Tsengiwe, Mnxe, Sifonondile
and Indwana.
• The Task Team supports the communities with problems of governance. A series
of workshops were organised since 2013. Additionally, visits were paid to
communities to advise and support, e.g. Mnxe, Tsengiwe and Ndwana.
• Vukani Community Radio has been to report on the Cala Reserve case and the
other cases of rural governance. Due to the pressure, Chief Stokwe withdrew the
imposed headmen at Indwana in 2015. An elected headman has since been
installed in the village.
Responses to the trend
• The problem of rural governance has forced the local Planning Committee in
Cala Reserve to be organised. It meets weekly to discuss and strategise.
• Since December 2013, the PC has been organising annual public meetings to
brief the community, especially the migrant workers from Cala Reserve. This
helps in the mobilisation of support from migrant workers.
• The radio presentations have popularised the democratisation campaign
throughout the Chris Hani District Municipality (CHDM). Consequently, more
communities are coming forward with their issues of governance.
• Eight other rural communities in Whittlesea have also sought assistance in their
problems regarding rural governance. There are other communities with similar
problems outside CHDM such as Amahlathi, around Stutterheim, Ncerhana in
Centane, etc.
Concluding remarks
• The case has also helped in highlighting the extent of the problem. The
emergence of various cases show that the problem is widespread.
• The case helped rural communities to find each other. We have seen the
support other communities gave to the case of Cala Reserve, e.g. the
picketing, statements and the callers during the radio show last Thursday.
• There is development of linkages among rural communities since the case. Is
this not indicating to possibilities of re-emergence of rural resistance?
• If rural communities elect their local leaders, what role would ward councilors
and their committees play in these rural communities? What implications
does this have for the country’s electoral system?
• Whether you like it, rural people will decide who their leaders area