Reconstitution of the Amandebele Ba Lebelo Traditional Council: Progress and Challenges

1. PRESENTATION TO THE PORTFOLIO COMMITTEE ON THE RECONSTITUTE THE AMANDELE BA LEBELO TRADITIONAL COUNCIL 19 JULY 2023 1

2. PRESENTATION OVERVIEW Background Factors informing the formula Application of the formula to the ABLTC Current status on the reconstitution of the ABLTC Conclusion

3. BACKGROUND • In February 2022, the Portfolio Committee hosted an engagement with the two traditional communities in Gauteng. • During the session, several community concerns emerged from the Amandebele Ba Lebelo traditional community including but not limited to: • Rampant land invasion of the tribal land held in trust by the Minister; • No development of the traditional community, particularly the delivery of services to the traditional community members; i.e. water, stormwater drainage system, farmers support, RDP houses, sewer system in Suurman etc. • Leadership disputes relating to the headman in Suurman; (community wanting to withdraw from the traditional community • No support from the South African Police Service and CoT Metro police on the land invasion;

4. BACKGROUND Cont…. • The legitimacy of the traditional council was questioned. • The delay on the reconstitution of the traditional council • The delay - MoU with the City of Tshwane • Hosting of the AGMs and presentation of the audit financial statements to the TCs two bank accounts • Preservation of Culture and Heritage – (Cultural Events) • The completion of the clinic by DID

5. BACKGROUND: TRANSFER OF LAND • Subsequent meetings were held between the Portfolio Committee and the traditional community. • On the land matters, the Department of Agriculture, Land Affairs and Rural Development committed to the following process in respect of transferring land ownership: (matter referred to the relevant department) Claimant Verification Options workshop Property Valuation Offer Settlement Agreement Presentation Formation Of Legal Entity Section 42d Registration of Legal Entity Land Transfer

6. BACKGROUND: DEVELOPMENT AND SERVICE DELIVERY City of Tshwane advised that: • Several meetings were held with the Senior Traditional Leader • Because the land was held in trust, community consensus was required to allow for the community to give “Power of Attorney” • Township establishment was required before development can proceed in the traditional community.

7. STATUS REPORT ON THE ISSUES RAISED • Power of Attorney: there is continuous engagement and bilateral meetings between Kgosi Kekana and the CoT • MoU – meeting held with the CoT Speaker on the 22 June ‘23 and the 2 x traditional communities (MoU was submitted to the office of the MEC for inputs) • Withdrawal of Suurman as a traditional community – Matter being addressed by the Premier in consultation with the MEC • Land invasions – matter referred to DALRRD for intervention (Land held in trust by the Minister) • Hosting of the AGMs – AGM was hosted in November. (CoGTA assisted the TC with compilation of the annual financial reports through Shole Accounting services) • Preservation of culture and heritage – The TC hosted the annual heritage event jointly with the AGM • Completion of the Clinic and the community resolution – matter being handled by the DID and DALRRD

8. BACKGROUND: RECONSTITUTION OF TRADITIONAL COUNCILS LEGISLATIVE MANDATE Section 16 of the Traditional and Khoi San Leadership Act (No. 3 of 2019) outlines the establishment of kingship or queenship council, principal traditional council or traditional council as follows: • “(2) (a) A kingship or queenship council, a principal traditional council and a traditional council consists of the number of members as determined by published by notice in the Gazette after consultation with….. • (ii) in the case of a traditional council, the relevant Premiers and provincial houses: Provided that the formula must be published in the Gazette within two years from the date of commencement of this Act.” the Minister, by formula

9. BACKGROUND: RECONSTITUTION OF TRADITIONAL COUNCILS LEGISLATIVE MANDATE In terms of the Act, the Minister must legal constitution must be completed by 31 March 2023. Following consultation with Premiers, Provincial Departments responsible for traditional affairs Provincial Houses of Traditional Leadership and the National House of Traditional Leaders. The formula was gazetted by the Minister on 04 Feb 2022 (Notice No. 1726 in Gazette No. 45859).

10. FACTORS INFORMING THE FORMULA Traditional councils’ membership comprises 60% selected members and 40% elected members. Selected members include traditional leaders (headmen/headwomen and the senior traditional leader concerned) and community members. The number of traditional leaders and community members within the 60% is not specified by the Act. The selection of community members and headmen/headwomen must be done by the recognised senior traditional leader.

11. FACTORS INFORMING THE FORMULA For the purposes of the 40% elected component of a traditional council, any member of the relevant traditional community other than a member who forms part of the 60% selected component, may be nominated for election. The sole determining factor for the number of members of a traditional council in the formula is the number of legally recognised headmen/headwomen under the recognised senior traditional leader of the traditional community concerned. One third of the TCs members must be women. If the requirement cannot be met in any instance, the Premier may determine a lower threshold for the traditional council concerned.

12. APPLICATION OF THE FORMULA TO ABLTC INPUTS OUTPUTS No. of legally recognised headmen/ women % of Community members within the selected component Total No. of TC members Number of selected members of a traditional council (60% component) Senior Traditional Leader (STL) Elected Members (40%) Selected headmen/ women Selected community members Total number of members selected 4 20% 10 1 4 1 6 4

13. RECONSTITUTION OF ABLTC • The Department prepared an implementation plan for the reconstitution of the two traditional councils. • Unfortunately, challenges emerged during the selection process including but not limited to requirements in the Act stipulating that the Royal Family must convene to select members of the traditional council. • The matter was escalated to MinMEC Technical and Political. regard, several provinces experienced the same challenges. • The Minister held consultative meetings with the National House of Traditional Leaders, and it was agreed that the Minister would find a solution to the challenges identified by traditional leaders on the provisions of the TKLA. • The NHTKLs is leading a discussion to conduct an outreach program with the aim to consult other structures on the revised formula presented by the Traditional leaders during the TLs Imbizo In this

14. CONCLUSION The Royal Family and the Senior Traditional Leader is important in the process and must work together to: • Appoint the Headmen/women, as they are appointed every five years to align with the term of office of the traditional council; and • To finalize the selection process of the members within the community to serve on the traditional council. • This is a new provision in the Traditional and Khoi San Leadership Act, the Framework Act allowed for the Senior Traditional Leader to select members of the Traditional Council (in consultation with the Royal family).

15. RECOMENDATIONS It is recommended that members of the Portfolio Committee: • Note the challenges to reconstitute the traditional council provincially and nationally; and • Notes that the matter was escalated to MinMec Technical and Political; • Notes that the challenges with the provisions of the TKLA will be addressed by the Minister.

16. Thank You