PRESENTATION TO PROVINCIAL PORTFOLIO COMMITTEES TRADITIONAL LEADERSHIP AND GOVERNANCE FRAMEWORK AMEN

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PRESENTATION TO PROVINCIAL PORTFOLIO COMMITTEES
TRADITIONAL LEADERSHIP AND GOVERNANCE FRAMEWORK
AMENDMENT BILL 57, 2008 AND NATIONAL HOUSE OF
TRADITIONAL LEADERS BILL 56, 2008 SEPTEMBER
2009

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Structure of the Presentation

• Background
• National House of Traditional Leaders Bill
• Bill amending the Traditional Leadership and
  Governance Framework Act
• New issues for amendment of the Bill amending the
  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• Repealed in 1997 and replaced with a new Act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 2008
• Select committee process September 2008

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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 BillCont
...

• Powers and Duties of the House (Clause 11)
• Alignment with the White Paper (and the Framework
  Act)
• Working with provincial houses to promote e.g.
  role of traditional leadership, nation building,
  peace, cohesiveness socio well-being and welfare
  of communities, socio-economic development and
  service delivery
• Enhance co-operation between the house and
  provincial houses
• Consider parliamentary Bills referred to it (in
  terms of section 18 of Framework Act)
• Advise and make recommendations to government
  relating to e.g. policy and legislation,
  customary law, partnerships with government in
  development and service delivery, programmes
  geared towards development of rural communities
  (international and national)
• Be consulted on national government development
  programmes effecting traditional communities
• Participate in national initiatives to monitor,
  review and evaluate programmes in rural
  communities
• Perform tasks determined by member national
  Cabinet or as provided for in national legislation

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National House of Traditional Leaders Bill Cont

• Relationship between House and Kings and Queens
  (Clause 14)
• House must on a bi-annual basis hold meetings
  with kings and queens in the country to discuss
• Activities and programmes of the house
• Matters relating to service delivery and
  development of traditional communities
• Any other business agreed to by either party
• Relationship between the House and Government in
  terms of its accountability
• On an annual basis submit a report to Parliament
  accounting on its activities and programmes
• Parliament may request to meet with the house to
  discuss matters of interest to parliament
• Annual official opening of the House by the
  President or a person designated by him.

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National House of Traditional Leaders Bill Cont

• Relationship between the House and the Provincial
  Houses (Clause 15)
• The house to have a clearly defined relationship
  with the provincial houses for accountability and
  alignment eg
• Investigate matter referred to it by provincial
  houses and make recommendations
• Advise provincial houses regarding the
  administration of their affairs
• On a bi-annual basis hold meetings with
  provincial houses discussing matter relating to
  traditional communities
• In consultation with Provincial House interact
  with a Local House
• Chairperson of National House may establish a
  body of chairpersons of provincial houses
  interaction on a regular basis on issues of
  mutual interest
• Secretary National House may establish a body of
  secretaries of provincial houses interaction on
  a regular basis on issues of mutual interest.

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National House of Traditional Leaders BillCont
...

• Administration of the house (Clause 12)
• Minister with approval of the house appoint a
  secretary to the house
• Minister with the approval of the house second
  staff to assist the secretary discharging the
  work of the house
• Responsibilities of the House (Clause 13)
• Keep records
• Financial statements audited
• Enforce code of conduct (schedule C)
• Establish relationships and facilitate
  co-operation between itself and, provincial
  houses as well as between provincial houses
• Promote an equitable, fair, non-discriminatory
  and supportive environment for the house and for
  all provincial houses
• Assign clear responsibilities to the secretary of
  the house
• Hold secretary responsible for overall
  performance and administration of the house
• Involve secretary in decisions impacting in the
  overall management of the house

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National House of Traditional Leaders BillCont
...

• Support to the House by government (Clause 16)
• National government to adopt legislation or other
  measures to support the house to fulfill its
  functions
• Such support may include provision of
  infrastructure, finances, human resources, skills
  development programmes and administrative
  processes
• Status of Members Clause 10
• Chairperson and deputy chairperson are full time
• President to determine after consultation with
  the house that certain members are full time.

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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)
• the recognition of kingships/queenships and the
  establishment of kingship/queenship councils
• membership of kingship/queenship councils and
  traditional councils to be determined by a
  formula and not restricted to 30
• 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 paramount
  chief 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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Further proposed amendments to the Traditional
Leadership and Governance Framework Act

• Since the approval of the Bill by the National
  Assembly and the referral of the Bill to the
  Select Committee the following urgent matters
  have arisen that need to be dealt with
• Recognition of kings and queens by the President
  on the recommendation of the Minister
• To provide that provincial legislation must
  regulate the relationship between provincial
  houses and the local houses
• To provide that traditional authorities be
  transformed into traditional councils within 7
  years of the coming into operation of the Act
  (Bill currently provides for 5 years which period
  is about to expire)
• The provision for the recognition of a fourth
  category of traditional leaders (principal
  traditional leader) the details which of which
  are contained in the next slide
• Due to the fact that the term of the members of
  the Commission on Traditional Leadership
  Disputes and Claims expires in October 2009 as
  well due to the fact that numerous problems have
  been experienced in the operation and composition
  of the Commission in the past five years it is
  necessary to replace chapter six of the Act with
  a new chapter

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Bill amending the Traditional Leadership and
Governance Framework Act

• The following additional consequential and
  necessary amendments to the Bill are proposed
• To provide that those paramountcies and paramount
  chiefs that qualify to be recognised as a
  kingship/queenship and king/queen as a
  consequence of the Commission, such paramountcy
  and paramount chief is deemed to be a king/queen
  and kingship/queenship respectively
• To provide that where the Commission has decided
  that a paramountcy and paramount chief does not
  qualify to be recognised as a kingship/queenship
  and king/queen respectively such paramountcy and
  paramount chief continues to be recognised as a
  paramountcy and paramount chief subject to-
• The position of the paramount chief concerned
  being occupied by a fully recognised incumbent on
  the date of coming into operation of the 2009
  Bill
• the recognition of a paramountcy and paramount
  chief lapses on the death of the incumbent
  paramount chief.
• It is proposed that the position as set out in
  the previous bullet be amended as indicated in
  the following slide.

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Further proposed amendments to the Traditional
Leadership and Governance Framework Act

• Since the approval of the Bill by the National
  Assembly and the referral of the Bill to the
  Select Committee the following urgent matters
  have arisen that need to be dealt with
• The current paramount chiefs and the
  paramountcies will continue to exist as
  kings/queens and kingships/queenships until the
  current incumbents pass on or vacate their
  positions, whereafter, the successors will be
  recognized as principal traditional leaders and
  the kingships/queenships will be deemed to be
  principal traditional leadership communities.
• A principal traditional leadership council will
  be established based on the same principles
  applicable to a kingship/Queenship and
  traditional council.
• Where in a provinces in terms of custom and
  customary law, a principal traditional leader and
  a principal traditional leadership community
  exist, provincial legislation must provide for
  the recognition by the premier of a principal
  traditional leader and the establishment of a
  principal traditional leadership community and
  council.
• The details regarding the transition from a
  king/queen to principal traditional leader and
  kingship/queenship to a principal traditional
  leadership community must be provided for in the
  provincial legislation.

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Bill amending the Traditional Leadership and
Governance Framework Act

• The proposals in respect of the composition and
  operation of the reconfigured Commission of
  Disputes and Claims are as follows
• Five national commissioners to be appointed by
  the Minister after consultation with the National
  House
• Provincial committees who will be chaired by the
  national commissioners to be appointed by the
  Premiers after consultation with the Minister to
  deal only with matters delegated by the
  Commission
• Provincial committees to be supported by
  provinces
• Commission and committees make recommendations
  and no longer final decisions
• Recommendations in respect of kings and queens
  referred to President for a final decision and
  implementation and all other recommendations
  referred to relevant Premiers for final decision
  and implementation
• Commission can investigate only disputes and
  claims already submitted at the coming into
  operation of the amendment however a 6 month
  grace period is provided for the lodging of new
  disputes and claims with effect from the date of
  the amendment
• The mandate of the Commission remains the same

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THANK YOU!