PRESENTATION TO SELECT COMMITTEE OF THE NCOP TRADITIONAL LEADERSHIP AND GOVERNANCE FRAMEWORK AMENDME

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PRESENTATION TO SELECT COMMITTEEOF THE
NCOPTRADITIONAL LEADERSHIP AND GOVERNANCE
FRAMEWORK AMENDMENT BILL, 2008 AND NATIONAL
HOUSE OF TRADITIONAL LEADERS BILL, 2008 03
SEPTEMBER 2008

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Structure of the Presentation

• Background
• National House of Traditional Leaders Bill
• Bill amending the Traditional Leadership and
  Governance Framework Act

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Background

• Two pieces of legislation impacting of
  traditional leadership identified for amendment.
• National House of Traditional Leaders Act
• Passed in 1994 in line with the 1993 interim
  Constitution
• Repealed in 1997 and replaced with a new Act
  which was amended in 1998 and 2000
• Not fully in line with the White Paper on
  Traditional Leadership and Governance adopted in
  2003 as the Act was passed before the adoption of
  the White Paper
• Bill repeals the current Act and replaces it with
  a clean and comprehensive Act
• Traditional Leadership and Governance Framework
  Act
• Passed in 2003 after the adoption of the White
  Paper on Traditional Leadership and Governance
  adopted in 2003
• Provincial Legislation passed in line with the
  Framework Act
• Implementation in a period of over 3 years has
  revealed a number of gaps and challenges that
  need to be addressed through an amendment
• Province -specific challenges also necessitate
  the amendment

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BackgroundCont ..

• Bills approved by Cabinet for tabling in
  parliament on 20 May 2008
• Bills published for public comment on 3 June with
  closing date of 02 July 2008
• Bills introduced into Parliament (NA and NCOP)
  in early June
• The dplg conducted consultations with key
  stakeholders, i.e. kings and queen, senior
  traditional leaders, headmen / women, national
  and provincial houses, CRL Commission, Commission
  on Traditional Leadership Disputes and Claims,
  SALGA and provincial governments
• The portfolio Committee on Provincial and Local
  Government opened for public comments and held
  public hearing comments considered and
  amendments effected
• National Assembly passed the two Bills on 20
  August

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National House of Traditional Leaders Bill

• The Bill provides for the following key areas
• Preamble capturing the history on the NHTL
• the establishment of the National House of
  Traditional Leaders
• Three members elected from each provincial house
• Special provision where there is no provincial
  house
• Term of office of the House is five years
• Membership restricted to senior traditional
  leaders and conditional representation by headmen
• Election of members to the House by provinces
• Minister and Premiers now to play a role (calling
  for elections and receiving names)
• Secret ballot, observed by officials of the House
  and of the Dept
• Designation of a leader of the provincial
  delegation

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National House of Traditional Leaders Bill

• to determine powers, functions and duties of the
  House
• Alignment with the White Paper (and the Framework
  Act)
• to provide for support to the House by
  government
• Financial, administrative, capacity building,
  human resources, etc
• Status of Members
• Chairperson and deputy chairperson
• President to determine that certain members are
  full time.

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National House of Traditional Leaders Bill Cont

• The Bill provides for the following key areas
• to provide for the relationship between the House
  and the Provincial Houses
• The house to have a clearly define relationship
  with the provincial houses for accountability and
  alignment.
• Relationship between House and Kings and Queens
• Kings and queens to have statutory relations with
  the House in respect of regular meetings and
  protocol issues
• to provide for the relationship between the House
  and Government in terms of its accountability on
  the House
• Regulates the relationship with government,
  including the issues of submission of annual
  reports and holding of meetings.
• Opening of the House by the President

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National House of Traditional Leaders Bill Cont

• The Bill provides for the following key areas
• Responsibilities of the House
• More accountability to the House in terms of
  meetings, finances, activities, record keeping,
  etc.
• More responsibility to the Secretary of the House
• to provide for general matters incidental to the
  functioning of the House.

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National House of Traditional Leaders Bill Cont.

• The Bill further provides for the following
  general issues (not fully discussed in this
  presentation)
• Qualification and disqualification of members
• Excluded certain people from membership (clause
  5)
• Vacation and filling of seats in the House
• Seats to be filled within a short period of time
• Seat and Meetings of the House
• House to meet in parliament or at admin seat
• Chairperson and Deputy Chairperson of the House
• Elected by members and may be removed by two
  thirds of members
• Privileges and Immunities of members
• Freedom of speech in the meetings of House
• Remuneration and benefits of members
• Determined by the President in terms of Act 20 of
  1998
• Rules, orders and committees of the House
• To be determined and adopted by the House itself,
  and provision for executive committee
  representative of provincial houses

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National House of Traditional Leaders Bill Cont.

• The Bill further provides for the following
  general issues (not fully discussed in this
  presentation)
• Dissolution of the House
• House remains in office until new House is sworn
  in
• Oath of Office
• Members to take an oath when assuming office
  (oath attached as schedule)
• Code of Conduct
• Code of conduct for members in addition to their
  code as ordinary traditional leaders)
• Regulatory powers of the Minister
• Minister, after consultation with House and
  parliament, to issue regulations on certain
  matters as is necessary and
• Repeal of laws and transitional matters
• all the current Acts on the House will be
  repealed in terms of the new law

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Bill amending the Traditional Leadership and
Governance Framework Act

• The Bill provides for the following key areas
  (see details in the following 4 slides)
• Membership of kingship/queenship councils and
  traditional councils to be determined by a
  formula and not restricted to 30
• the recognition of kingships/queenships and the
  establishment of kingship/queenship councils
• functions of the kingship/queenship councils
• provision for establishment of traditional
  sub-councils and a chairperson of the
  sub-traditional council where the area of
  jurisdiction of a traditional council constitutes
  more than one geographic area
• appointment of a person to act as a king/queen as
  an interim measure where a paramount chief dies
  before the Commission determines the position of
  current paramountcies

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Bill amending the Traditional Leadership and
Governance Framework Act

• The Bill provides for the following key areas
  (see details in the following 4 slides)
• Provision for the withdrawal of recognition as a
  paramountcy and appointment as a paramount chief
• the extension of the period within which the
  traditional authorities as well as community
  authorities must be transformed in line with the
  Act (community authorities to be administered as
  if the old order legislation had not been
  repealed pending decisions of the Commission)
  and
• Alignment of terms of office of all the
  structures of traditional leadership with that of
  the NHTL
• Provincial legislation to provide for
  relationship between kings/queens and provincial
  houses

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Bill amending the Traditional Leadership and
Governance Framework ActThe Bill provides for
the following key issues for amendment

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Issues Covered in the Bill for Amendment

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Issues Covered in the Bill for Amendment

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Issues Covered in the Bill for Amendment

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