MUNICIPAL STRUCTURES SECOND AMENDMENT BILL

25 November 2000

At a meeting of the Cabinet on Wednesday, 22 November, 2000 the Minister for Provincial and Local Government gave a detailed report on progress regarding the Municipal Structures Second Amendment Bill, which seeks to regulate the participation of traditional authorities in the affairs of municipal governance.

Cabinet noted with appreciation the readiness of the parliamentary leadership to make it possible for the revised bill to be introduced into the parliamentary process on 29 January 2001.

This bill will provide for interim measures, which will remain in force until the White Paper Process on the Status, Role and Functions of Traditional Leaders and Authorities in completed.

Government intends to complete the White Paper process by June 2001. This will pave the way for Parliament to enact national legislation, which defines the role of traditional leaders in our entire system of governance.

In dealing with these matters, Government is guided by the principle of respect for, and recognition of, the critical role of traditional leaders in the system of governance in our country, particularly among rural communities. The Government seeks to codify this role in accordance with the provisions of the Constitution.

In this regard the two challenges facing Government are:

Firstly, to legalise and legitimise the role of traditional leaders within the context of the new local government structures. This is the interim arrangement contained in the Municipal Structures Second Amendment Bill, which will be processed with expedition by Parliament in the new year.

Secondly, to finalise the process of putting in place a permanent arrangement through the White Paper process on the Status, Role and Functions of Traditional Leaders and Authorities.

The permanent arrangement will give content and meaning to the recognition which Chapter 12 of our country's Constitution accords to the institution of traditional leadership. Following a comprehensive review of this issue, through the White Paper process, should it become necessary to amend the Constitution, Government will make the necessary arrangements to bring the matter before Parliament.

Cabinet set up a Task Team two weeks ago to deal with these processes. The Team is made up of Ministers Sydney Mufamadi, Ben Ngubane, Penuel Maduna and Deputy Minister Joe Matthews. As a result of consultation of the most urgent matters, consensus was reached with traditional leaders on the need for interim measures to be put in place pending the White Paper process. We are confident that this spirit of trust and co-operation will continue to define the relationship between government and traditional leaders in the coming period.

Government calls on all traditional leaders and communities to continue to work with us to take forward a matter that is so critical in the evolution of our democracy.

Issued by the Ministry for Provincial and Local Government

For further clarification, contact:
Minister FS Mufamadi (082-376-7164)