Media Statement by the Premier DD Mabuza on the Announcement of the Mpumalanga Provincial Committee on disputes and claims on traditional leadership
Premier's Boardroom, Nelspruit
02 September 2011
The Honourable MEC for Co-operative Governance and
Traditional Affairs, Madala Masuku
The Provincial Chairperson of the House of Traditional Leaders Ikosi Sipho
Mahlangu
Members of the Province House on Traditional Leadership
The National Chairperson of the Commission on Disputes and Claims, Mr Bagudi
Tolo
The Director General
The Head of Department for Co-operative Governance and Traditional Affairs
The Deputy Director General of the National Department of Traditional Affairs,
Dr Masenjana Sibande
The Secretary of the Commission of Disputes and Claims Abraham Sithole
Members of the Provincial Committee on Disputes and Claims
Members of the media
Ladies and Gentlemen
Thank you for joining us during the start of our spring season in this beautiful province. Today marks the beginning of an important era of consolidating the gains made in our system of governance. We are continuing the commitment made by this President Zuma’s administration when it came into office and said strengthening and recognising the role of traditional leadership will be one of its priorities.
The system of co-operative government was developed in acknowledgement of the diversity of the needs and concerns of the population of South Africa, so the Constitution established the right of communities living under traditional law and custom to influence the way in which the country is run. The constitution of the republic in chapter 11 states that the institution, status and roles of traditional leadership, according to customary law, are recognised, subject to the Constitution.
Government remains committed to strengthening the institution of traditional leadership and appreciates the role it plays in society. Government regards traditional leaders as partners in the implementation of its programmes.
The Commission on Traditional Leadership, Disputes and Claims known as the Nhlapho Commission was appointed by President Mbeki in 2004.
The commission was operating nationally, with authority to decide on traditional leadership disputes and claims arising in any province. The commission was mandated to investigate all disputes and claims dating from 1927, when the Native Administration Act was enacted.
Due to a number of claims this commission could only investigate disputes, claims and status of Kingship and Queenship of the Republic of South Africa.
The continued disputes on boundary issues, succession disputes and divisions among royal families is a matter of concern for us as government.
The continued divisions and disputes undermine the symbol of unity that our traditional leaders are reknown for. These divisions and disputes further spill onto the communities thus dividing the very communities we seek to lead in unity.
To this end, The Minister of Cooperative Governance and Traditional Affairs has established a Commission on Traditional Leadership Disputes and Claims( the successor to “Nhlapo Commission”) to restore the dignity and integrity of the traditional leaders and traditional communities and the entire institution of traditional leadership in South Africa.
The commission is composed of five full time members who have been appointed after having considered their experience, skills and knowledge in the affairs of traditional leadership. The members of the commission were appointed on 1 January 2011 for a period of five years.
The establishment and appointment of the Provincial Committee on Dispute and Claims is guided by section 26(A) of Traditional Leadership and Governance Framework Ammendment Act, 2009.
In terms of subsection 2(a) of that section, each
Provincial Committee consist of as many members as the Premier concerned may
determine and such members are appointed by the Premier, either on full time or
part time basis, for a period not exceeding five years which is linked to the
term of office of the National Commission.
As provincial government, we have noted with concern that there is a substantial number of unresolved disputes and claims on traditional leadership in the province.
We have looked for men and women of substance to be considered for the membership of the Provincial Committee on Traditional Leadership Disputes and.
Claims In this committee that we are announcing today, we have people with a vast knowledge on anthropology, genealogy of tribes, legal minds, researches, sound academics and high integrity. In our case I have appointed seven members, of whom five are full time and two are part time.
The role of the committee will be to address disputes, claims and related matters relating to senior traditional leadership.
I must also indicate that the Provincial Committee on Traditional Leadership Claims and Disputes will not seek to replace the role that must be played by the royal family on matters of succession. As a province we believe that royal families are in a position to assist in resolving a lot of these disputes, we must therefore allow them to fully apply their wisdom on some of these matters.
The committee will investigate and make recommendations
on:
- Whether a claim on traditional leadership or headman
ship was established in accordance with customary laws and customs.
- Cases where a position of traditional leadership
title or right is under contestation.
- Claims by communities to be recognised as traditional
communities.
- The legitimacy of the establishment or
disestablishment of tribes.
- Disputes resulting from the determination of
traditional authority boundaries as a result of merging or division of
tribes.
- All traditional leadership claims and disputes dating
from 1st September 1927 to the coming into operation of provincial
legislation dealing with traditional leadership and related matters.
- Gender related disputes relating to traditional leadership positions arising after 27 April 1994.
Today we are gathered here to officially announce the
names of the appointed members of the Provincial Committee on Disputes and
Claims. These men and women have vast experience in matters of traditional
leadership and governance. I now have the pleasure in announcing the individuals
who will constitute the Mpumalanga Provincial Disputes and Claims Committee on
Traditional Leadership:
Full time candidates
- Advocate Mahlangu
- Mr MC Zitha
- Dr. JJ Thwala
- Mr MP Nxumalo
- Ms BG Fakude
Part time candidates
- Ms SR Mdluli
- Dr. MW Ndlala
In dealing with the matters of the disputes and claims process I wish borrow the words of Kenneth Cloke and Joan Goldsmith when they said
“Every conflict we face in life is rich with positive and negative potential. It can be a source of inspiration, enlightenment, learning, transformation, and growth–or rage, fear, shame, entrapment, and resistance. The choice is not up to our opponents, but to us, and our willingness to face and work through them.”
I wish to implore all the claimants and people of the
province to fully support and cooperate with the Provincial Committee as it
undertakes its tasks. It is our duty to respect the outcome
of this process whether it is in our favour or not.
The words of former USA President Jimmy Carter should still find resonance today when he said:
“One of the most basic principles for making and keeping peace within and between nations…is that in political, military, moral, and spiritual confrontations, there should be an honest attempt at the reconciliation of differences before resorting to combat.”
This provincial committee provides us with an opportunity of resolving
all disputes without resorting to combat.
Lastly, let me take this opportunity to wish all the
appointed members good luck in the execution of their tasks. These are men and
women who have the skill and expertise and I have no doubt that they will live
up to expectations of all our people.
I Thank You
