Dear Portfolio Committee on Cooperative Governance and Traditional Affairs,

I want to raise my concern with the impact of legislation governing traditional institutions in South Africa. Using my area of Ga Molepo as a case in point, I find that there is a lack of harmony between the frameworks government introduce for governing traditional institutions and what is currently taking place on the ground in traditional councils.

There was a time when the Traditional Leadership and Governance Framework 2003; 2009 (as amended), was in force. However, many traditional councils had never heard of such framework, and therefore did not follow what is stipulated in the framework in terms of cooperative governance, as well as processes and procedures for appointing councils.

I am concerned that there is a lack of awareness on what government envisages. Where there is awareness, there seems to be a lack of understanding of Acts of parliament. The lack of awareness on the part of traditional councils perpetuates instability in communities. People fight over roles, and councils are infiltrated by insurgents in what I often refer to as "soft coup d'états". Such behavior's pose a threat to the security of communities and have a potential to brew civil wars. They also diminish the dignity of the institution of traditional leadership in the eyes of the public. In addition, some councils do not even have properly constituted councils as per customary law but they continue to "(mal) function" and take decisions that will have an impact on community life for years to come.

Fast forward to 2023, the previous framework has been repealed and we now have the Traditional Leadership and Khoisan Act 3 of 2019. While I understand the rationale behind the new Act, it bothers me to know the situation in traditional institutions has not improved. What is government doing to create conditions for understanding of legislation, and assisting traditional councils to implement on the ground?

Regards
Mahlaga J Molepo