is also recognised as a repository of customary law and a custodian of culture, traditions, customs and values.
The Constitution further provides for the establishment of a Council of Traditional Leaders and Provincial Houses
of Traditional Leaders. These structures are intended to maximize the participation and involvement of traditional
leaders in matters of governance. The reconfiguration of the Department of Provincial and Local Government into
the Ministry of Cooperative Governance and Traditional Affairs attests to government’s commitment to strengthen
the institution of traditional leadership.
Government has put in place policy and legislative mechanisms to define and place the institutions of traditional
leadership within the democratic dispensation. According to the White Paper on Traditional Leadership and
Governance (2003) traditional leaders are required to be part of democratic leadership and governance structures.
In South Africa traditional leadership is an institution defined in terms of traditional practice; the institution also
operates within recognised governance practices. A case in point in this regard is that in July 2010, the President
made a pronouncement on the findings of the Commission on Traditional Leadership Disputes and claims, popularly
known as the “Nhlapo Commission”. The aim of the Commission was to investigate and make a determination on
the legitimacy of the monarchies.
The Commission’s findings indicate that South Africa has only seven legitimate Kings and Queens out of a total
of thirteen (13). The other six (6) whose regal status is not confirmed, will come to an end at the passing on of the
incumbent, with successor status converted to that of Principal Traditional Leadership, with the proviso that where
there is a vacancy, such a conversion in status takes place with immediate effect.
A further development in the recognition of all traditional leaders in South Africa has been the inauguration of
Khoisan5 traditional leaders in the Northern Cape Provincial House of Traditional Leaders in April 2009. This
inauguration demonstrates the country’s declared intent of honouring its commitment to indigenous communities .
This marks the first and visible recognition of the Khoisan people as part of the traditional institution of leadership
5
The Khoisan are a group of Southern African indigenous people, comprising of the Khoi-khoi, San, Ovahimba, Kxoe and
Hottentots. They are the first known settlers of southern Africa, as indicated by their prehistoric rock paintings. These groups were never
recognised until this current move. The first recognition of the Khoisan is the establishment of the provincial house of traditional leaders
that includes them.
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