PRESENTATION TO THE PORTFOLIO COMMITTEE ON PROVINCIAL AND

PRESENTATION TO THE PORTFOLIO COMMITTEE ON PROVINCIAL AND LOCAL GOVERNMENT National Programme of Support for the Institution of Traditional Leadership (the NPS) 15 May 2007 Cape Town 1

STRUCTURE OF THE PRESENTATION Presentation consists of the following parts: 1. National Programme of Support for the Institution of Traditional Leadership 2. Inter-Departmental Committee on Allocation of Roles to Traditional Leadership 3. Recommendations 2

BACKGROUND AND CONTEXT TO THE NATIONAL PROGRAMME OF SUPPORT 1)Traditional Leadership and Governance Framework Act of 2003 and Provincial legislation on traditional leadership finalised and put into operation, laying the basis for the institution’s role in development as a partner of government. 2)The legislation requires the establishment of certain structures through which the institution interacts with all spheres. 3)The establishment of these structures and a programme of capacity building for the members is critical. 4) Implementation of legislation has commenced in provinces but provinces are at various stages 5) Need to establish partnerships and promote involvement of traditional leadership structures in development and service delivery. 3

BACKGROUND AND CONTEXT Cont. . 5)Government-wide support to the institution is necessary to give effect to the new legislation: • Capacity building / skills development • Provision of infrastructure • Functionality of the structures of traditional leadership (including the allocation of functions and roles) • establish partnerships and promote involvement of traditional leadership structures in development and service delivery 6) Provinces are at varying stages of implementing the legislation on traditional leadership, but support is being provided. 7) A process to develop a national programme of support is proposed, culminating in the adoption by Cabinet during 2007. 4

NATIONAL PROGRAMME OF SUPPORT FOR THE INSTITUTION Cont Four Strategic Priorities: 1. 2. 3. 4. Supporting the institution of traditional leadership to improve governance, performance and accountability. Building capacity to the institution of traditional leadership to promote and enhance the involvement of the structures within the institution in the development processes of their communities. Reviewing and strengthening the policy and regulatory framework in order to give greater attention and support to the institution of traditional leadership in respect to the implementation measures and processes Addressing the structure and governance arrangements of the state in order to better strengthen, support and monitor the traditional leadership institution 5

NATIONAL PROGRAMME OF SUPPORT FOR THE Strategic Priority 1 INSTITUTION Cont Supporting the institutions of Traditional leadership to improve governance, performance and accountability. 1. 2. 3. 4. 5. 6. Establishment of the statutory structures Resource and Infrastructure mobilization for all structures of Traditional Leadership. Provision of Administrative Support to the institution including the National House of Traditional Leaders Development and execution of the systems and performance management system for traditional leadership Provide support to provinces which received and or released traditional communities as a result of re-determination of provincial boundaries in terms of the 14 th amendment to the Constitution Allocation of roles and functions to traditional leadership by government department 6

NATIONAL PROGRAMME OF SUPPORT FOR THE Strategic Priority 2 INSTITUTION Cont Building capacity to the institution of traditional leadership to promote and enhance the involvement of the structures within the institution in the development processes in their communities. 1. 2. 3. 4. 5. 6. Development and execution of a Comprehensive Skills and Capacity Building Programme for Traditional Leadership Institutions Identification of functions to be assigned to traditional councils by various relevant national government departments Identification of partners and programmes for the involvement of traditional leadership institutions in development Provision of Institutional Support to all the structures within the institution Promote the involvement of traditional leadership institutions in service delivery and development Promote, coordinate and facilitate the entering into Synergistic Partnerships Between Government and Traditional Leadership Institutions 7

NATIONAL PROGRAMME OF SUPPORT TO THE INSTITUTION Strategic Priority 3: Cont Refining and strengthening the policy and regulatory framework in order to give greater attention and support to the institution of traditional leadership 1. 2. 3. 4. 5. 6. Drafting and finalization of national and provincial regulations on the reconstitution and functioning of traditional councils Finalisation of the Policy on the Khoi-San Communities Analysis of provincial and national legislation dealing with governance issues and establishing Houses of traditional leaders in line with the White Paper and the Framework Act Provision of dedicated support to Kings and queens in terms of the new legislation (regulations on roles and functions) Assessment of the alignment of the provincial legislation with the White Paper and the Framework Act on Traditional Leadership and Governance Guidelines on the Involvement of Traditional Leadership Institutions in Intergovernmental Relations 8

NATIONAL PROGRAMME OF SUPPORT FOR THE INSTITUTION Cont Strategic Priority 4: Addressing the structure and governance arrangements of the state in order to better strengthen, support and monitor the traditional leadership institution 1. 2. 3. 4. Establishment of a National Technical Forum on Implementation of National and Provincial Legislation Provision of benefits to traditional leaders (senior traditional leaders, headmen/headwomen, members of Houses) Develop and maintain a comprehensive information system on traditional leadership and institutions Assess the capacity and organization of the DPLG and provincial Departments to provide adequate support capacity to the Institution 9

ROLES OF OTHER GOVERNMENT DEPARTMENTS Support to the Institution of traditional leadership impacts on the work of many departments. The following are examples: 1. 2. 3. 4. 5. 6. 7. Justice and Constitutional Development: - policy development on customary courts, and traditional leaders trained as commissioners of oaths Land Affairs: implementation of CLARA, and restitution cases Public Works: EPWP in rural areas and assistance with infrastructure to NHTL (chamber) Health: Initiation schools and HIV/AIDS programmes Minerals and Energy – mineral royalty bill affecting traditional councils / communities Social Development: social grants to orphans and HIV/AIDS victims in traditional communities Housing – Rural Housing Scheme 10

ROLE OF THE PROVINCES 1) The main role of provinces is to recognize, establish and support the structures within the institution, and this is a concurrent function with national government in terms of schedule 4 to the Constitution (kings/queens only recognised by the President) 2)The following progress has been noted in the provinces: Legislation finalised and in the process of being implemented as the following needs to be done: • Regulations as required under legislation and certain provinces have drafted while other are still in the process of drafting regs on councils and local houses • Reconstitution of traditional councils • Establishment of Local Houses • Reconfiguration of staff establishments • Alignment of budgets with the new legislation • Provision of infrastructure • Communication programmes with communities • Determination of infrastructural needs • Some capacity building projects 3) Redetermination of provincial boundaries resulted in a number of provinces either releasing or receiving traditional communities, and the DPLG has assisted in this regard especially in Gauteng and Northern Cape 11

SUMMARY OF PROGRESS IN PROVINCES PROVINCE REGULATIONS / LEGISLATION TRADITIONAL COUNCILS LOCAL HOUSES / PROV. HOUSE KZN Regs on traditional councils and houses finalised and published About 90% reconstituted 11 Local Houses established and Provincial House Reconstituted FS Regs on TCs being finalised Reconstitution planned for April 2007 Legislation and regs on LH still being drafted. PH exist i. t. o old legislation LIMP Regulations being drafted but not yet finalised Reconstitution to start during the current year Establishment to be done during the year. Legislation finalised MPU Has started drafting regs on TCs Reconstitution to start during the current year Establishment to be done during the current year. Legislation finalised EC Planning to commence drafting soon Has commenced with reconstitution Planning to draft legislation on Local Houses. PH exists 12

SUMMARY OF PROGRESS IN PROVINCES PROVINCE REGULATIONS / LEGISLATION TRADITIONAL COUNCILS LOCAL HOUSES / PROV. HOUSE NW Regs on traditional councils currently being drafted TCs reconstituted (regs to formalize this) 2 LH established. PH exist i. t. o. new legislation. (recently put into operation) GAUTENG This province received only two traditional communities as a result of the redetermination of municipal boundaries. Legislation on traditional leadership is currently being drafted. Consultants have been appointed to assist in drafting. Draft 1 with management for submission to MEC. NC This province received nine traditional communities as a result of the redetermination of municipal boundaries. Legislation on traditional leadership is currently being drafted. Bill published, comments received and currently finalizing the Bill for submission to legislature 13

EARLY DELIVERABLES 1) Capacity building to the institution is one of the most critical areas of support to the institution. To this end a partnership between the DPLG, LG SETA, NHTL and SALGA has been forged to design and implement a skills development programme focusing on the following (to give effect to the Mo. U with SALGA): a) Development of a skills development framework b) Skills audit from all traditional leaders c) Identification of skills development needs • Prioritization of skills development program • Ensure that the skills identified are in line with the key competencies of Traditional Leadership • Conduct a full roll-out to all structures within the institution 2) Announcement by the President that the Support Programme was being developed to cover key areas of support to the institution (14 December 2006), and that government was considering establishing a national department for Traditional Leadership (3 April 2007) 14

EARLY DELIVERABLES Cont 2) Capacity building programme for the institution will be conducted the during of 2007. 3)The DPLG will develop guidelines on the participation of the institution of traditional leaders in IDP Engagement Processes. 15

CONSULTATION / ADOPTION OF THE NATIONAL PROGRAMME OF SUPPORT Consultation and finalisation of the National Programme of Support to the Institution will involve the following bodies: 1. Presentation to Min. Mec on 21 November 2006; 2. Preliminary presentation to Cabinet meeting on 22 November 2006; 3. Consultation with National and Provincial Departments; 4. Planned presentation to PCC meeting on 22 June 2007; 5. Presentation to the NHTL 17 April 2007 6. Workshop with provincial officials 07 -09 May 2007 7. Consultation with traditional leadership structures; and 8. Resubmission to Cabinet for approval end of May 2007. 16

INTERDEPARTMENTAL COMMITTEE ON ALLOCATION OF ROLES AND FUNCTIONS TO TRADITIONAL LEADERSHIP (IDC TRADS Sections 19 and 20 of the Framework Act identify the following Government Departments that may assign roles and functions to the structures within the institution of traditional leadership: § § § Arts and Culture; * Land Affairs and Agriculture; * Health; Social Development; Justice and Constitutional Development; * Safety and Security; Home Affairs; * Foreign Affairs; * Environment and Tourism; Provincial and Local Government; * Trade and Industry; * 17

IDC-TRADS Cont § § § § Water Affairs; National Treasury; * Public Works; * Presidency; * Housing; * DPSA GCIS; and Minerals and Energy. * Note: Departments with asteric have responded to the invitation for the establishment of the IDC 18

IDC - TRADS Cont • Minister wrote to relevant Ministers in November 2006 • D-G recently wrote to relevant D-Gs • Inter-Departmental Committee (IDC) to be established at the instance of the Minister • First meeting to plan for Ministerial workshop in June 2007 • 9 Departments have responded to the DG’s invitation for the IDC • Inter-Ministerial workshop to be arranged on a date to be determined by IDC 19

TERMS OF REFERENCE FOR THE IDC The Inter-Departmental Committee will facilitate the implementation of sections 19 and 20 of the Traditional Leadership and Governance Framework Act, 2003 (Act No. 41 of 2003) which is provided for in the Act as follows: 1. 2. 3. 4. 5. 6. allocation of roles by relevant government departments to traditional councils and traditional leaders; consultation with the Minister for Provincial and Local Government, the relevant MECs in provinces and traditional leaders and traditional councils; allocation of financial, human and other resources to traditional councils for the performance of the assigned functions; monitoring the performance of the allocated roles to traditional leaders and councils and compliance with the Constitution; providing capacity building to traditional leaders and councils for the performance of allocated roles; and ensuring the uniform allocation of roles within areas where there are traditional communities. 20

RECOMMENDATIONS It is recommended that the Portfolio Committee discuss, note and support: 1. The development of the Government-wide National Programme of Support for the Institution of traditional leadership and the impending consultations thereon; 2. The establishment of the Inter-Departmental Committee on the allocation of roles and functions to traditional leaders and Traditional Councils. 21

THANK YOU! 22