The implementation of a new law reducing the number of traditional leaders who can serve on municipal councils has set the cat among the pigeons.
Traditional leaders in the Eastern Cape said limiting their involvement in council was “discriminatory”.
The Traditional Leadership Governance Framework Act and the Municipal Structures Act of 1998, provided for a maximum of 20% representation of traditional leaders in municipal councils.
But the new Traditional and Khoi-San Leadership Act of 2019, signed into law by President Cyril Ramaphosa in April, and the amended Municipal Structures Act, now allow a maximum of only three traditional leaders to sit on municipal councils.
Contralesa provincial chair Nkosi Mwelo Nonkonyana said on Tuesday: “Exclusion of traditional leaders from participating in municipal councils without proper consultation with Contralesa and traditional leaders participating in municipal councils is an unfair discrimination against traditional leaders as public office bearers.”
Several concerns were raised during the Contralesa provincial executive committee special meeting in Mthatha on Saturday, and during a mass meeting on Monday.
“The Eastern Cape provincial government has failed to consult traditional leaders and to develop a policy in line with the national act which will deal with our particularities.
“Two weeks ago, Cogta officials went around telling traditional leaders that the act would be implemented without any provincial legislation.
“We were not consulted as Contralesa, but just ambushed with implementation,” Nonkonyana said.
After November 1, only the chair of a local house of traditional leaders and two other members will be sitting on municipal councils.
“Councils have no fewer than nine committees,” he said.
“How do you expect only three traditional leaders to sit in nine committees?
“This is just a ploy by the government to withdraw traditional leaders’ participation in municipal councils.”
Contralesa is also angry that headmen, according to the new law, are not allowed to be members of local, district, provincial and national houses, as well as kings’ councils
“There are about 1,000 headmen in the province and about 235 senior traditional leaders, and we have 239 traditional councils in the province.
“The majority of traditional leaders are headmen, and now their existence is being undermined by the government.
“This is unfair discrimination,” Nonkonyana said.
Contralesa also expressed dismay at the government’s lack of support for sub-headmen, saying it was unfair that they did not receive any remuneration from government, while members of ward committees received financial assistance.
Contralesa threatened to protest and force the provincial government and the ANC to attend to their grievances.
“We have already written to the ANC, telling them that we will present a list of demands, and if they fail to address them, we will organise a mass action before November 1 to force the government to yield to the legitimate demands of traditional leaders,” Nonkonyana said.
Other issues raised at the meeting included a lack of delivery of government services to traditional communities, delay by the government to transform traditional institutions and to provide them with needed infrastructure, budgets, and “tools of trade”.
Contralesa is also looking at instituting legal action to force the government to stop “unfair discrimination of traditional leaders by other spheres of government”.
Cogta MEC Xolile Nqatha said some of the issues raised by Contralesa were being dealt with.
“We are attending to some of them in phases, based on availability of resources and budget.
“The plan is to attend to many of these issues, but for now we still face budget cuts.
“We are already in dialogue with traditional leaders, through the Eastern Cape House of Traditional Leaders, on a number of issues and concerns.
“I am not of the view that we should be going to the streets on issues that are still being discussed ,” Nqatha said.
ANC provincial secretary Lulama Ngcukayitobi confirmed receiving Contralesa’s list of demands.
“The issues raised are serious, but not unsurmountable. Some of the issues raised are of national context.
“We are of the view that the matters they raise can be addressed.
“The ANC has strong working relations with Contralesa, underpinned by frankness and truth, when resolving complex challenges of society and traditional communities,” Ngcukayitobi said.
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