Date: 16/10/2004
Source: Ministry of Provincial and Local Government
Title: S Mufamadi: Announcement of Commission on Traditional Leadership Disputes and Claims


STATEMENT ON THE OCCASION OF THE ANNOUNCEMENT OF A COMMISSION ON TRADITIONAL LEADERSHIP DISPUTES AND CLAIMS BY MINISTER S MUFAMADI, 16 October 2004

The President of the Republic of South Africa, Mr Thabo Mbeki has appointed a Commission on Traditional Leadership Disputes and Claims in terms of Section 23 of the Traditional Leadership and Governance Framework Act No. 41 of 2003.

Over the years, the colonial and successive apartheid governments passed various laws aimed at controlling the institution of traditional leadership. These laws inevitably impaired the image and integrity of the institution. When the notorious bantustan system was introduced, the institution was traumatised further, through a myriad of bantustan legislation.

In the process, those legitimate traditional leaders who differed with the government of the day and supported the liberation movement, were either banished, deposed or driven into exile. Numerous traditional leadership disputes, claims and counterclaims were and still are, by all accounts, the order of the day.

Various attempts were made to settle the disputes through courts of law and commissions of enquiry, to no avail.

With the advent of democracy, a strong voice emerged, particularly from those who were unfairly deposed in the past, demanding that the democratic government restore them to their rightful positions. Provincial governments appointed various commissions of enquiry, in an honest attempt to resolve the disputes. For example, in Limpopo, the Ralushai Commission was appointed and other provinces like the Eastern Cape and Free State also appointed similar commissions.

National government endorsed the White Paper on Traditional Leadership and Governance, which provides, among others, for the establishment of a national commission to enquire into traditional leadership disputes and claims. Legislation in this regard, has been passed last year by Parliament.

It is my pleasure to announce the following members of the Commission on Traditional Leadership Disputes and Claims, as appointed by President T Mbeki.

1. Professor T Nhlapo