Interfacing interplay of local government, traditional leaders and society

SOURCE: Journal of Contemporary African Studies
OUTPUT TYPE: Journal Article
PUBLICATION YEAR: 2017
TITLE AUTHOR(S): M.Kanyane
KEYWORDS: CIVIL SOCIETY, CUSTOMARY LAW, LOCAL GOVERNMENT, MUNICIPALITIES, TRADITIONAL AUTHORITIES
DEPARTMENT: Democracy, Governance and Service Delivery (DGSD)
Print: HSRC Library: shelf number 9961
HANDLE: 20.500.11910/11208

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Abstract

Wilmien Wicomb from the Legal Resource Centre states that the Constitution of the Republic of South Africa, 1996 marks the first time that customary law was recognised as a law equal to its common law and even statutory law counterparts. Whilst this recognition is implicit in chapter two of the Constitution, the Constitutional Court's jurisprudence in 2000 placed such recognition beyond doubt to make sure that the legislature and executive entrench the understanding of constitutional recognition of customary practices. This article considers the following research question: Is the interface of the interplay of local government, traditional leaders and society possible to restore transformation and community development where there are traditional leaders' presence? To answer, qualitative methodologies were explored. The study found that traditionality and modernity, lack of clarity of the role of traditional leaders, parallel administrations, power struggles and court battles needed resolve to ensure meaningful public-sector reforms and transformation.