Such changes could flow from the White Paper on Traditional Leadership and Governance adopted by the Cabinet last week, he told reporters in Pretoria.
Legislation to define the place and role of traditional leadership in governance, to transform it in line with the Constitution, and restore integrity and legitimacy the institution lost under apartheid, is expected to emanate from the white paper, Mufamadi said.
One matter to be considered is the exclusion of women from traditional leadership in many cultures. This was clearly not in line with the aims of the Bill of Rights, the minister said.
"We are saying what is essentially a patriarchal institution has to be transformed in order for it to be brought into line with the democratic norms that govern the new South African state".
The role of traditional institutions of law and order, such as tribal courts, and their relationship with the police and Justice Department would also be considered.
"These issues have to be clarified," Mufamadi said.
The white paper provides for a commission to be set up to adjudicate traditional leadership disputes arising from the apartheid era and as far back as 1927.
It would restore rightful leaders who were dethroned for refusing to collaborate with the government of the time, the minister explained.
The commission would exist for a period of five years.
The aim of the white paper was to define the institution of traditional leadership as a partner of the state, Mufamadi said.
It sought to ensure that traditional leaders played a role in matters of national development in partnership with state institutions.
Asked if traditional leaders were largely satisfied with the process to date, Mufamadi said: "Like all legislation, the test is whether there was sufficient consultation, and I am saying there was sufficient consultation - whether there was sufficient indication that people are prepared to live with what we have, and I am saying there is".
The first piece of legislation flowing from the white paper, the Traditional Leadership and Governance Framework Bill, is expected to be passed before the end of the year, the minister said.
It was currently available for public comment.
This would be followed by provincial legislation, he hoped by the first quarter of next year. – Sapa.
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