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NHTL PRESENTATION TO THE PORTFOLIO COMMITTEE

NHTL PRESENTATION TO THE PORTFOLIO COMMITTEE. PRESENTATION BY THE NATIONAL HOUSE OF TRADITIONAL LEADERS TO THE PORTFOLIO COMMITTEE 3 JUNE 2015 PARLIAMENT OF RSA KGOSI PP MAUBANE CHAIRPERSON. NHTL PRESENTATION TO THE PORTFOLIO COMMITTEE. Presentation layout

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NHTL PRESENTATION TO THE PORTFOLIO COMMITTEE

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  1. NHTL PRESENTATION TO THE PORTFOLIO COMMITTEE • PRESENTATION BY THE NATIONAL HOUSE OF TRADITIONAL LEADERS TO THE PORTFOLIO COMMITTEE 3 JUNE 2015 PARLIAMENT OF RSA • KGOSI PP MAUBANE • CHAIRPERSON

  2. NHTL PRESENTATION TO THE PORTFOLIO COMMITTEE • Presentation layout • The role of the NHTL in promoting socio-economic development in traditional leaders areas. • Capacity of the House to deliver on its mandate in terms of the Act; • Interface between traditional leadership and municipalities; and • The readiness of traditional leadership regarding the 2016 local government elections.

  3. NHTL PRESENTATION TO THE PORTFOLIO COMMITTEE • BACKGROUND OF THE NHTL • The NHTL is composed of twenty three members. • Twenty members are elected by their provincial houses and two are chairpersons of Traditional Councils that operate like local houses (two traditional leaders in Gauteng Province) • The members are deployed in different committees of the House according to their preferences and that of the NHTL.

  4. ROLE OF TRADITIONAL LEADERS IN PROMOTING SOCIO-ECONOMIC DEVELOPMENT • The NHTL derives its mandate from sections 11, 13, 14 and 15 of the National House of Traditional Leaders Act, 2009 (Act No 22 of 2009). • The Act requires the House amongst others to: (summary) • Cooperate with Provincial Houses on variety of issues such as: • Land Development and utilization • Rural Economic Development such as tourism • Participation in partnership development for rural community development; and • Promotion of culture, tradition and custom as a means for local economic development • Engage the kings at least twice a year to discuss amongst others: • issues of development within the institution and to report about the progress of the House. • Promotion of unity amongst the kings and their communities • Rural community development .

  5. MANDATE OF THE HOUSE • Advise government on policies and legislation impacting on traditional leadership; • Investigate and make information available on traditional communities, leadership and custom and customary law so as to promote peace; • Complement and support the work of government at national level and support provincial houses to advance the community needs through Traditional Councils; • Participate in national and international programs geared towards the development of rural communities; • Provide guidance and support on programs of the Traditional Councils through provincial houses.

  6. MANDATE • Hold quarterly meetings with the Provincial Houses to give account on its work; • Investigate matters referred to it by the provincial houses like landless traditional leaders, reconstitution and operations of Traditional Councils; • Engage provincial houses to discuss progress on matters relating to the general interest and welfare of traditional communities; • Ensure Peace, stability and cohesiveness of communities; • Ensure that any partnership established is based on mutual respect and cooperation.

  7. MANDATE • Promote social well-being and welfare of traditional communities • Participate on nation building, transformation and adaption of customary law and custom so as to comply with the provisions of the Bill of Rights in the Constitution in particular: • Preventing unfair discrimination; • preventing harmful cultural practices • Promoting equality and • Seeking to progressively advance gender representation in the succession to traditional leadership positions.

  8. MANDATE • The House is composed of twenty three members; • Each provincial house elect three members to represent it in the National House in terms of section 6 of the Act • Gauteng Province does not have a provincial house instead the only two recognised Senior Traditional Leaders represent their Traditional Councils that operates as local Houses in the NHTL • The only province not represented in the NHTL is the Western Cape • KhoiSan are not represented as yet because the Bill (Traditional and KhoiSan leaders Bill) is still in process .

  9. SOCIO-ECONOMIC DEVELOPMENT • Traditional Leaders are involved in various development programs as part of improving the social well-being of their communities, the following are examples: Empangisweni Traditional Community: INKOSI ZONDO • Stock farming – in Nguni cattle. The projects has resulted in the capacitation of many black farmers • Soil utilization – particularly maize. This project has resulted in the employment of many locals and their capacitation

  10. SOCIO-ECONOMIC DEVELOPMENT Dzumeri Traditional Community: HOSI DZUMERI • Hosi Dzumeri awarded 50 wheelchairs to needy men, women children, not only from Dzumeri, but even other neighboring communities as well. • Hosi has committed himself to increasing the number to over 100.

  11. SOCIO-ECONOMIC DEVELOPMENT Mahumani Traditional Community: HOSI MAHUMANI • The Baleni rest camp – This provide an tourism attraction as well as a salt mining opportunity • Capacity building for traditional leaders – Hosi Mahumani is a qualified legal person who has his own company that capacitates traditional leaders on matters of customary law and other relevant legislation. He was in the past contracted by the Provincial Government of Mpumalanga and the North West

  12. SOCIO-ECONOMIC DEVELOPMENT Mabunda Traditional Community: HOSI NGOVE • Stock farming – in partnership with the Department of Rural Development and Land Reform, there are plans to purchase the white-owned abattoir business, that is worth over R60 million • Housing project for middle income professionals adjacent to the suburb of Kremetart near Giyani – This will be done in partnership with the Department of Human Settlements, Giyani Municipality and private investors • Hospitality development projects – This will include the building of an up market hotel and conference centre, in partnership with the private sector.

  13. SOCIO-ECONOMIC DEVELOPMENT Bakgatla Ba Kgafela Traditional Community: KGOSI PILANE • Mining – has resulted in the employment of many locals and the development of the area • Mphebatho Museum – a major tourist attraction and a source of employment • Industrial development –investment in mining and steel equipment for sale in and outside the province, a major source of employment for locals • Clothing factory – supplies major clothing retailers (e.g. Truworths ) with raw material • Farming – include goat farming • Hospitality – shares in major game farms and hotels • Moruleng Shopping Centre – the state of the art shopping center isa major source of employment for the community in Moruleng. • Road construction: The TC through its development wing constructed road (tar road) • Stadium and Bakgatla TV: Youth development through using the mentioned infrastructure

  14. SOCIO-ECONOMIC DEVELOPMENT Youth Debate using Indigenous Languages as part of promotion of heritage and tradition • Youth Debate was held in Mpumalanga Province during the Mabusa cultural celebration. • Youth indicated a number of matters that government and traditional leaders may use to develop them; amongst others the following: • Createin the youth and the general populice • Support programs of Indoni • The debate was successful and has prompted the Social Development Committee of the House to work towards addressing all the challenges mentioned by the young people. • The NHTL as part of its program of addressing youth, has mandated the Social Development Committee to develop programs that will play a critical role in ending poverty within the communities. • an environment that will discourage youth from intoxicating substances • Create capacity building programs that will enable youth to be self employed • HIV and AIDS education and campaigns should be strengthened • Traditional Leaders must through workshops and other means, instil the sense of uBuntu

  15. SOCIO-ECONOMIC DEVELOPMENT Consultation with provincial houses of traditional leaders as required by the NHTL Act with an agenda compliant with NHTL Act requirements • The NHTL has consulted the Houses of Traditional Leaders on various programs of the House; • The Chairpersons Forum has been meeting every quarter to discuss matters of importance such as:. • Making inputs during the Land Conference • Making inputs to the participation of traditional leaders in Municipality • Receiving briefings from the DTA on capacity building and other related matters • Receiving briefings from the DTA on the Back to Basics • Making policy inputs on improvement and cooperation of the entire institution of traditional leadership from Traditional Council up to National and with Government in all spheres; and • Development of youth, women and people with disabilities so as to curb the spread of HIV and AIDS, joblessness and general participation in improvement of governance in rural areas.

  16. SOCIO-ECONOMIC DEVELOPMENT NHTL plan on HIV and Aids • The NHTL engaged the UN Aids and SAFAIDS, SANAC to assist in the development of the plan • The plan was developed in a two days session held by the relevant committees of the Houses (Provincial and National House) • The plan was approved by the National House of Traditional Leaders during its last sitting held in December 2014 • The provincial houses together with relevant members of the NHTL will implement the plan in the next financial year • The NHTL will be working closely with provinces and SANAC in order to ensure that the plan is implemented. • The current Back to Basics approach fontraditional leadership will be a vehicle for implementing the HIV and AIDS plan as part of addressing what was established during youth debate.

  17. SOCIO-ECONOMIC DEVELOPMENT • The NHTL in partnership with the DAFF are promoting food security and revival of agricultural cooperatives in rural communities of Mpumalanga and Limpopo Provinces. • They provided capacity building on agriculture to cooperatives in areas of traditional leaders • The DAFF is further providing seedlings and garden tools and fertilisers and citrus fruit trees to the same communities.

  18. SOCIO-ECONOMIC DEVELOPMENT Community engagement Outreach program of the National House of Traditional Leaders • The NHTL visited the following traditional leaders as part of supporting best practice and encouraging them to do more and to motivate others to learn from them: • Bakgatla Ba Mogopa in North West • The visit was about motivating school going children to stay away from drugs • Visit community gardens, children’s home etc • Visit mines and engage on their social responsibility • Engage Kgosi and the traditional council on their role in community development • Their working relationship with Municipality

  19. CAPACITY OF THE HOUSE TO DELIVER ON ITS MANDATE IN TERMS OF THE ACT • The NHTL is not adequately capacitated in terms of various aspects. • The incapacitation of the Department of Traditional Affairs affects the NHTL. • The Budget allocated to the DTA which must be further allocate the NHTL does not meet the target for the actual work of the House. • The DTA is in the process of seconding officials to assist with research and other relevant administrative requirements.

  20. INTERFACE BETWEEN TRADITIONAL LEADERSHIP AND MUNICIPALITIES • The Minister established two Task Teams (TT) headed by the Deputy Ministers. The two TT have different mandates as follows: • Task Team on Support: Deputy Minister Bapela • This task team concentrate on the entire support of the institution of traditional leadership; • Task Team on Transformation of the institution of traditional leadership by Deputy Minister Nel • This task team focuses on the transformation of the institution which includes the participation of traditional leaders in municipalities.

  21. INTERFACE BETWEEN TRADITIONAL LEADERSHIP AND MUNICIPALITIES • Section 81 of the Municipal Structures Act does provide for the participation of amaKhosi in Municipalities, • The participation does not add the required value as most discussion takes place in committees where traditional leaders are not represented; • Municipal governance is applicable throughout the Country but a one size fits all system is not suitable; • Custom of the communities should be taken into consideration by the affected municipalities; • Municipalities should delegate functions to traditional councils.

  22. INTERFACE BETWEEN TRADITIONAL LEADERSHIP AND MUNICIPALITIES • The Department of Traditional Affairs has changed the guide on participation of traditional leaders in Municipality to be regulations. • These regulations are being discussed at MinMec and will be tabled before the Committee when the Minister is satisfied about the consultation and their readiness. • Traditional leaders have different approaches in the matters as it will be elaborated in the next slide:

  23. INTERFACE BETWEEN TRADITIONAL LEADERSHIP AND MUNICIPALITIES There are three proposals in this regard: • Participation by Traditional Leaders • There are those traditional leaders who believe that they should be the ones participating in municipalities; • Their participation must be from committee level as opposed to plenary only. • Their plenary participation does not assist because most of the discussion are taking place in committees and in the plenary is only to note the dissenting view of traditional leaders as opposed to listening and including their views in what ever committee meeting.

  24. INTERFACE BETWEEN TRADITIONAL LEADERSHIP AND MUNICIPALITIES • The second approach is that traditional leaders should not participate at all • This approach is due to the attitude displayed to traditional leaders by councillors; • The attitude is that of being in charge and totally ignoring any approaches and opinions by traditional leaders; • Lack of credibility of participation as no inputs are taken into account

  25. INTERFACE BETWEEN TRADITIONAL LEADERSHIP AND MUNICIPALITIES • The Third approach by traditional leaders sending delegates to the council • Traditional leaders believes that they should not participate instead they must send delegates; • This is done so that the delegate can engage the councillors in his non-royal capacity and therefore no protocols will be followed except the Rules and Orders of Municipality; • The delegate will report to traditional leader after each meeting.

  26. THE READINESS OF TRADITIONAL LEADERSHIP REGARDING THE 2016 LOCAL GOVERNMENT ELECTIONS. • Traditional Leaders have always encouraged people to register to vote; • The interface with the IEC is very critical and the institution of traditional leadership always cooperate and assist; • Provincial Houses are engaging with IEC in order to assist and open their offices to be used as polling stations. • It is important that some of the critical challenges that are facing the institution like funding of the TC, non-approval by Parliament of the Traditional Courts Bill and as well as non-transformation of traditional council may have a negative impact on the elections.

  27. THE READINESS OF TRADITIONAL LEADERSHIP REGARDING THE 2016 LOCAL GOVERNMENT ELECTIONS • Traditional Leaders may require that parties to agree first that there would be a sound interface between the Municipalities and traditional leaders within the jurisdiction of the said municipality (parties should agree that their elected councillors will respect traditional leaders before elections takes place). • Training and Induction of Municipal counsellors (after elections) must take place under the same room with traditional leaders so that the myth of fighting over turf and responsibility is address during the induction of counsellors; • Municipality should always provide capacity building to traditional leaders and councillors so that they operate at the same understanding and knowledge. • Municipal councillors will have a schedule of consultation with traditional leaders in his/her area of jurisdiction.

  28. conclusion • The NHTL believes that it is on the right track to fulfil its mandate; • The Portfolio Committee may assist by talking to Treasury to allocate resources to the NHTL in order to render services; • As we will be approaching elections, a lot of interventions to bring down tensions will be expected and with the funding we have, this may not be possible. • The councillors must know that Traditional Leaders are not on a five year term and they must start to work close with them. • Traditional leaders do not support Xenophobia or Afriphobia, the custom and customary law does not permit any behaviour that is linked to Xenophobia. Thank you

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