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Background and introduction To these residents, democracy means very little because the government, in cohort with traditional leaders, treats them

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Page 1: Background and introduction To these residents, democracy means very little because the government, in cohort with traditional leaders, treats them
Page 2: Background and introduction To these residents, democracy means very little because the government, in cohort with traditional leaders, treats them

Background and introduction

• To these residents, democracy means very little because the government, in cohort with traditional leaders, treats them as non-South African citizens.

• Yet, the residents of Xhalanga, have since the colonial period, been having an established tradition of having elected headmen. This excludes Mbhenge. The government is now undermining this entrenched tradition.

• The case of Cala Reserve, which went to the High Court for the rights of the residents to be recognized, aptly illustrates the point. It shows that traditional leaders want to keep rural residents dependent on their mercy. • The words of one of the representatives of the KwaGcina Traditional Council

(KTC) who boldly stated: “Nithanda ningathandi, sithi bantwana begazi abazakugqiba ngesibonda (Whether you like it or not, it is the royal family that decides on the headman)”, capture the attitude of traditional leaders.

• The story of Cala Reserve, in Xhalanga, whose residents had to struggle against the govt. to claim their democratic right of electing their leaders, provides an answer to this question.

Page 3: Background and introduction To these residents, democracy means very little because the government, in cohort with traditional leaders, treats them

Background and introduction continued

• Various levels of traditional leaders were unsuccessfully approached for intervention. Instead, the traditional leaders informed the residents that the legislation took away the resident’s right of electing their headmen.

• In March 2013, the KTC imposed an unelected headman on the residents of Cala Reserve. This was done despite protestations by members of the Planning Committee that the imposition was against the community’s custom.

• Even the Dept of Local Govt & Traditional Affairs and the Premier were approached and was informed about the imposition of an unelected headman. Both took the side of traditional leaders and left the residents fighting on their own.

• That is why the residents resorted to the High Court, which confirmed that the imposition of an unelected headman amounted to undermining the community’s custom of electing their headmen.

Page 4: Background and introduction To these residents, democracy means very little because the government, in cohort with traditional leaders, treats them

The High Court judgement and its implications

• The High Court judge has ordered that the people of Cala Reserve be allowed to elect their headman. Thus, the imposed unelected headman has been removed.

• The Judge’s decision was based on Ntsebeza’s research, which shows that all headmen in Xhalanga, except in Mbhenge, are elected. It was the same research that helped the Planning Committee to identify an angle in its opposition to the imposed headman. • The implication of judgement is that of the six headmen in the KTC, only one

cannot be subjected to an election process. Five headmen have to be elected. Such a situation puts democratically-elected headmen in the majority within the KTC.

• Similarly, 21 out of 22 headmen in Xhalanga will be elected by communities: giving the pro-democracy group the upper hand in governance of rural communities.

Page 5: Background and introduction To these residents, democracy means very little because the government, in cohort with traditional leaders, treats them

Growing trend of imposed headmen

• Cala Reserve is not the only village there has been an imposition of headmen. There are imposed headmen in all four traditional councils of Xhalanga.

• The last imposition happened in 2014 at Indwana, under MaQwathini Traditional Council.

• The process started after the introduction of the province’s Trad. Leadership & Govn Act. It started in 2007 in Tsengiwe under Ehlathini Traditional Council.

• Between 2008 and 2010, headmen were imposed in two other villages – Mbodlane and Mnxe , under Ehlathini and Qolombeni trad. councils respectively.• Cala Reserve, under the KwaGcina Traditional Council, is the third village where

the imposition has taken place in 2013.

• Additionally, traditional councils are generally undemocratic because the majority of their members are unelected.

Page 6: Background and introduction To these residents, democracy means very little because the government, in cohort with traditional leaders, treats them

The traditional councils in Xhalanga

MaQwathini Traditional

Council

Ehlathini Traditional

Council

Qolombeni Traditional

Council

KwacGina Tradional Council

• Of the four traditional councils, it is MaQwathini and KwaGcina Traditional councils that are led by chiefs. The other two are led by headmen.

Page 7: Background and introduction To these residents, democracy means very little because the government, in cohort with traditional leaders, treats them

• The KTC consists of these six administrative areas:

Cala Reserve

Qhiba

Mbhenge

Nyalasa Manzimdaka

HotaMbewula

• Thus, there are six headmen under Chief Gecelo. It is also these headmen that are constitute 60% of unelected members in the KTC.

Page 8: Background and introduction To these residents, democracy means very little because the government, in cohort with traditional leaders, treats them

• Currently, the KwaGcina Traditional Council (KTC) consists of 11 members. This excludes the chief.

• According to the Tradiontal Leadership & Governance Framework Act (TLGFA), 60% of traditional councils’ members must be the chief’s nominees. In the KTC, the chief’s nominees are the six headmen, and they remain power indefinitely. • 40% of the council members are elected by communities within the traditional

council. In total the elected members are five. The elected members serve in the traditional council for five years. • One third of the elected members are women, who are actually two in number

within the traditional council. As can be seen, the traditional council is undemocratic, in that the majority of its members are unelected. And, women representation is almost non-existent in the council.

Page 9: Background and introduction To these residents, democracy means very little because the government, in cohort with traditional leaders, treats them

Responses of communities to the growing trend of imposed

headmen

• Vukani Community Radio has been to report on the Cala Reserve case and the other cases of rural governance. Due to the pressure, Chief Stokwe withdrew the imposed headmen at Indwana in 2015. An elected headman has since been installed in the village.

• In 2014, Siyazakha Land and Dev. Forum & CALUSA established a Democratisation Task Team consisting of representatives from these villages with indicated problems of governance in Xhalanga: Cala Reserve, Tsengiwe, Mnxe, Sifonondile and Indwana.

• The Task Team supports the communities with problems of governance. A series of workshops were organised since 2013. Additionally, visits were paid to communities to advise and support, e.g. Mnxe, Tsengiwe and Ndwana.

Page 10: Background and introduction To these residents, democracy means very little because the government, in cohort with traditional leaders, treats them

Responses to the trend• The problem of rural governance has forced the local Planning Committee in

Cala Reserve to be organised. It meets weekly to discuss and strategise.

• Eight other rural communities in Whittlesea have also sought assistance in their problems regarding rural governance. There are other communities with similar problems outside CHDM such as Amahlathi, around Stutterheim, Ncerhana in Centane, etc.

• The radio presentations have popularised the democratisation campaign throughout the Chris Hani District Municipality (CHDM). Consequently, more communities are coming forward with their issues of governance.

• Since December 2013, the PC has been organising annual public meetings to brief the community, especially the migrant workers from Cala Reserve. This helps in the mobilisation of support from migrant workers.

Page 11: Background and introduction To these residents, democracy means very little because the government, in cohort with traditional leaders, treats them

Concluding remarks

• The case has also helped in highlighting the extent of the problem. The emergence of various cases show that the problem is widespread. • The case helped rural communities to find each other. We have seen the

support other communities gave to the case of Cala Reserve, e.g. the picketing, statements and the callers during the radio show last Thursday. • There is development of linkages among rural communities since the case. Is

this not indicating to possibilities of re-emergence of rural resistance?• If rural communities elect their local leaders, what role would ward councilors

and their committees play in these rural communities? What implications does this have for the country’s electoral system? • Whether you like it, rural people will decide who their leaders area

Page 12: Background and introduction To these residents, democracy means very little because the government, in cohort with traditional leaders, treats them