1. Good Governance and Oversight Role of Traditional Authorities in Rural Municipalities and the impact on indigent policy
IMFO Conference – October Jamie Moodley

2. 01
Introduction and Legislative Framework

3. Legislative Framework for the Participation of Traditional Leadership in Municipal Councils
Chapter 11 of the Constitution recognizes the status and role of traditional authorities and leadership.
Municipal Structures Act (Section 81) prescribes the participation of traditional structures in municipal councils
Section 4 of Traditional Leadership and Governance Framework Act prescribes the role of traditional authorities as, among others,:
Supporting the municipality in the identification of the needs of the community;
facilitating IDP development participation
participating in the development programmes of the municipality
Section 81 of Structures Act provides for a maximum of 20 percent representation of traditional leaders in municipal council meetings, where there are traditional leaders in the municipality

4. Legislative Framework for the Participation of Traditional Leadership in Municipal Councils
What is the legal status of traditional leaders in council and their actual role and do they have a right to vote.
Section 81 of Structures Act provides for a maximum of 20 percent representation of traditional leaders in municipal council meetings, where there are traditional leaders in the municipality. Section 5 of the Framework Act further provides for partnerships to be entered into between municipalities and traditional councils.
Traditional Leaders are bound by the Code of Conduct for Councillors, but do not have voting rights and do not become councillors. The fact that traditional leaders participate in rural and urban councils creates its own dynamics and municipalities often require assistance in this regard.
Section 81 of Structures Act provides for a maximum of 20 percent representation of traditional leaders in municipal council meetings, where there are traditional leaders in the municipality

5. Role of Traditional Leadership in Municipal Councils
In addition to the relevant Local Government legislation, section 4 of Traditional Leadership and Governance Framework Act, 2003 (Act No. 41 of 2003) outlines the functions of traditional councils and these include the following:
Supporting the municipality in the identification of the needs of the community; facilitating the involvement of the traditional community in the development or amendment of the IDP of the municipality in which the community resides and participating in the development programmes of the municipality.
Section 81 of Structures Act provides for a maximum of 20 percent representation of traditional leaders in municipal council meetings, where there are traditional leaders in the municipality

6. Are Traditional Leaders Empowered to fulfil their Oversight Roles?
Authority in decision taking - Traditional leaders are not members of Council
Lack of a determination by provincial MECs on
Which traditional leaders must participate in the councils and
What roles they must play

7. Impediments to Traditional Authorities Playing a Part in Local Government
Complex municipal processes
Different value systems
Degree of consultation processes
Patriarchy
Lack of Benefits and privileges
Lack of systems of accountability
Traditional Governance has not adapted to democratic dispensation

8. Areas of Conflict
The perception that the fundamental cultural rights and roles of traditional leaders within rural communities are unfairly compromised by the democratic laws and the Constitution.
The question of whether the traditional leaders must have a ‘political voice’ and be included in the participatory structures of government
Whether land administration should be left in the hands of traditional leaders or it should be a government function.
The question of accountability as a democratic principle; when it comes to traditional leadership, the question of accountability is not very clear
The perception that traditional leadership undermines the commitment towards achieving an accountable and efficient form of democratic governance in South Africa.

9. Collaboration
The question that remains, however, is what are the areas of cooperation that need to be realized at a local government level?

10. Proposed Collaboration
Participation through the houses of traditional leaders in the budgetary and financial resource allocation process (across the spheres)
Capacity development for traditional leaders in order for them to meaningfully participate in all these structures
Working relations between Traditional leaders and councillors, especially their participation in structures such as ward committees, IDP Forums, Community Police Forums, school governing bodies and all the local participatory structures will allow them an opportunity to influence processes.
Municipalities should co-operatively work with traditional authorities to facilitate appropriate land use management, the rollout of basic services and the collection of rates from non-poor households and businesses located on traditional land.

11. 02
How traditional authorities can interface with the Indigent Policy

12. Interface with Indigent Policy
Traditional Authorities to act as a conduit between municipalities and indigents - playing an educational and influential role
Assisting in the monitoring of the accuracy of the status of indigents registered and their exit plan
MOUs to be entered into to facilitate participation of indigents in local economic development; utilization and availability of land;
Indigent Policy determination – economic packages e.g. water and land cultivation; packages that address the needs of rural municipalities;
Grants e.g. urban settlement grant for urban – what can be done to consider the dynamics of rural municipalities? Is there a case through COGTA to propose to Treasury a separate dispensation of service without running a parallel government? – moving away from a one size fits all approach?

13. 03
Conclusion

14. Conclusion
Local economic development through land use, agriculture and customized service delivery is crucial to improving the lives of rural communities.
Partnerships between local government and traditional leaders in developing a meaningful relationship and understanding thereby promoting transformational imperatives, economic development and social upliftment. Management and influence of the indigent Policy
Important to acknowledge the influence traditional leaders have over certain communities in South Africa. Such influence must not be confused with power to govern which is conferred by the constitution on the sphere of local government.