Investigation into the implementation of the new municipal system in the traditional authority areas of Tshwane Metropolitan Municipality : the case of Amandebele-a-Lebelo

Abstract

The study investigated the implementation of the new municipal system in traditional authority area of Tshwane Metropolitan Municipality with special reference to the Amandebele-a-Lebelo Traditional Authority. The study found that the National Government has provided sufficient framework within which the two institutions can coexist in Traditional Authority areas however there was lack of understanding and implementation of Act No. 117, 1998 of the Local Government Municipal Structures Act. Part 6, Clause (3) which states "Before a municipal council takes a decision on any matter directly affecting the area of a traditional authority, the Council must give the leader of the authority the opportunity to express a view on that matter". It is suggested that the Tshwane Metropolitan Council must educate its councilors on the interpretation and implications of Part 6, Clause (3) of the Local Government Municipal Structures Act No.117, 1998 and it must implement these in as far as affording speaking rights to the Kgosi on matters affecting his community. Furthermore, the fact that the South African Government is taking too long to come out with a legislation addressing the status and role of Traditional Leaders creates more anxiety and confusion in Traditional Authority areas. Also in terms of the recent Demarcation, Amandebele-a-Lebelo Traditional Authority falls under Tshwane Metro (Gauteng Province) whilst they account to the House of Traditional Leaders falling under the North West Province. This Legislation therefore will also give light to the resolution of this demarcation problem. It is clear from the findings that the communities are of the view that had it not been for the Traditional Institutions, the norms and values of the indigenous African communities would have disappeared with colonialism and Apartheid. The role of this institution is welcome and appreciated so long as it does not undermine the democratic transformation process in the country. Traditional institutions must be encouraged to assist in mobilizing local communities to support transformation in the context of the New Municipal System.