The Department of Traditional Affairs is mandated to oversee issues related to traditional affairs and support the development of stable and cohesive interfaith communities. The 2003 White Paper on Traditional Leadership and Governance sets out a national framework, and the norms and standards that define the role of the institutions of traditional leadership in South Africa.
It seeks to support and transform the institutions in accordance with constitutional imperatives and restore the integrity and legitimacy of traditional leadership in line with the African indigenous law and customs subject to the Constitution. South Africa also has provincial houses of traditional leaders in the Eastern Cape, Free State, KwaZulu-Natal, Limpopo, Mpumalanga and North West.
National and provincial houses of traditional leaders enhance the cooperative relationships within national and provincial government. Local houses of traditional leaders deepen and cement the relationship between municipalities and traditional leaders on customary law and development initiatives.
Over the medium term, the department planned to continue focusing
on monitoring the implementation of the Traditional and Khoi‐San
Leadership Act, 2019 (Act 3 of 2019) and ensuring that customary
initiation is practised safely, as guided by the Customary Initiation Act
of 2021.
This will entail monitoring the development of principal and senior
traditional leadership in royal families’ customary laws of succession
and genealogies in eight provinces per year over the period ahead to
mitigate against disputes and claims, in line with the provisions of the
Traditional and Khoi‐San Leadership Act of 2019.
By 2025/26, the Commission on Khoi‐San Matters aims to research
and investigate all applications it receives for the recognition of Khoi‐
San communities and leaders, and to make recommendations to the
Minister of Cooperative Governance and Traditional Affairs on the
recognition of Khoi‐San communities and leaders.
To create a safe and regulated environment for initiates in all
provinces, the department plans to monitor and ensure compliance in
implementing the Customary Initiation Act, 2021 (Act 2 of 2012) over
the medium term. These activities are expected to drive an increase in
expenditure in the Institutional Support and Coordination programme
from R91.7 million in 2022/23 to R101.8 million in 2025/26, at an
average annual rate of 3.5%.
Total expenditure is expected to increase at an average annual rate
of 5.2%, from R180.1 million in 2022/23 to R209.7 million in 2025/26,
due to an additional allocation of R30 million over the MTEF period to
support the implementation of priorities of the Traditional and Khoi‐
San Leadership Act of 2019. As a result, spending in the Research,
Policy and Legislation programme is expected to increase at an
average annual rate of 5.9%, from R29.7 million in 2022/23 to R35.2
million in 2025/26.
The compensation of the department’s 134 employees accounts
for an estimated 50.2% (R303.8 million) of total expenditure over
the MTEF period, increasing at an average annual rate of 5.5%, from
R89.7 million in 2022/23 to R105.4 million in 2025/26.
The department’s mandate is informed by the following legislation:
The Commission for the Promotion and Protection of the Rights of
Cultural, Religious and Linguistic Communities was established in
terms of Section 181(1)(c) of the Constitution to protect and promote
the rights of cultural, religious and linguistic communities, and to
strengthen constitutional democracy.
The commission’s core functions include research, conflict resolution and public education on the rights of cultural, religious and linguistic
communities. Expenditure is expected to increase at an average
annual rate of 3.2%, from R47.1 million in 2022/23 to R51.7 million in
2025/26. Spending on compensation of employees accounts for an
estimated 66.5% (R100.4 million) of total expenditure over the period
ahead. The commission is set to derive 99.3% (R147.4 million) of its
revenue over the period ahead through transfers from the department.
The Constitution states that the institution, status and roles of traditional leadership, according to customary law, are recognised.
Government acknowledges the critical role of traditional leadership institutions in South Africa’s constitutional democracy and in communities, particularly in relation to the Rural Development Strategy. It, therefore, remains committed to strengthening the institution of traditional leadership. To this end, numerous pieces of legislation have been passed and various programmes implemented to ensure that traditional leadership makes an important contribution to the development of society.
The department is also working on a range of issues, including policies on unity and diversity, initiation, traditional healing, traditional leaders’ protocol, family trees, the remuneration and benefits of traditional leaders based on uniform norms and standards, and involving the Khoisan people in the system of governance in South Africa.
Parliament extended the term of the Commission of Traditional Leadership Disputes and Claims from 2016 to 2020 – to allow the commission time to finalise outstanding disputes and claims, and deal with the 320 traditional leadership disputes and claims per year that were envisaged.
Legislation has transformed the composition of traditional councils to provide for elements of democracy. It states that 40% of members must be elected and that one third of members must be women.
Legislation has also opened up an opportunity for municipalities and traditional councils to achieve cooperative governance. Traditional councils have been given a strong voice in development matters and may now enter into partnerships and service-delivery agreements with government in all spheres.
The National Khoisan Council aims to unite the Khoisan communities and create a platform through which they can raise issues affecting them as a group of communities. The most important issue is the statutory recognition and inclusion of the Khoisan people in formal government structures.
The Constitution mandates the establishment of houses of traditional leaders by means of either provincial or national legislation. The NHTL was established in terms of the then National House of Traditional Leaders Act, 1997 (Act 10 of 1997). Its objectives and functions are to promote the role of traditional leadership within a democratic constitutional dispensation, enhance unity and understanding among traditional communities and advise national government.
Provincial houses of traditional leaders were established in all six provinces that have traditional leaders. The national and provincial houses of traditional leaders enhance the cooperative relationships within national and provincial government, while the establishment of local houses of traditional leaders deepens and cements the relationship between municipalities and traditional leaders on customary law and development initiatives.
It was established to:
The commission was established in terms of the Traditional Leadership and Governance Framework Act, (Act 41 of 2003). It is tasked with restoring the dignity of traditional leaders and their communities by investigating and ensuring that the institution of traditional leadership is restored to where it belongs. It also investigates all claims to any position of traditional leadership (king/queen/principal/senior traditional leader, and headmen and headwomen), including disputes over the boundaries of traditional councils.
Section 25 of the Traditional Leadership and Governance Framework Act of 2003 requires that the commission investigate and make recommendations on cases where there is doubt as to whether a kingship, principal traditional leadership or senior traditional leadership and headmanship was established in accordance with customary law and customs.
Source: South Africa Yearbook 2022/23
