Report to Portfolio Committee on Cooperative Governance and Traditional Affairs

REPORT TO PORTFOLIO COMMITTEE ON COOPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS:

PROGRESS REPORT ON 2012 PRIORITIES AND IMPACT OF 2013 SONA ON THE DEPARTMENT OF TRADITIONAL AFFAIRS

12 March 2013

1.  INTRODUCTION

The Portfolio Committee on COGTA requested that the Department presents a progress report on 2012 State of the Nation Address (SONA) priorities that relate to the Department as well as the impact of 2013 SONA to the Department. The first part of this report therefore presents progress made by the Department in relation to its commitments on the 2012 SONA projects within the mandate of the Depart. The second part, presents the Department’s priorities for 2013- 2016 (over the Medium Term) in relation to 2013 SONA highlights.

2.  PROGRESS REPORT ON THE 2012 SONA INJUNCTIONS RELEVANT TO THE DEPARTMENT OF TRADITIONAL AFFAIRS

The 2012 SONA indicated only one highlight which was within the Mandate of the Department of Traditional Affairs, namely, the tabling of the National Traditional Affairs Bill to Parliament. 9

The President in the 2012 SONA said:

·  “Government will table the National Traditional Affairs Bill which makes provision for the recognition of the Khoi San communities, their leadership and structures.”

·  It is important to remember that the Khoi-San communities were the most brutalised by colonialists who tried to make them extinct, and undermined their language and identity. As a free and democratic South Africa today, we cannot ignore to correct the past. I discussed this matter extensively with the Khoi San community when I met with them in Cape Town last year and we agreed to work together to redress the injustices of the past.”

The following table indicates progress in relation to the Department’s plans in this regard.

2012 SONA Highlights in relation to Traditional Affairs / Departmental Commitments / Progress on the Process /
Tabling of National Traditional Affairs Bill and recognition of Khoi-San communities, their leadership and structures / Consultation / The initial extensive consultation process has been concluded. Refer to the attached detailed report, Annexure A, on the consultation process and comments from all stakeholders consulted. Comments and inputs received from all the stakeholders consulted were incorporated in the Bill
Analyse comments and refine Bill after closing date of comments / The Bill has been revised based on the comments and inputs received during consultation.
Refer to Annexure A for detailed inputs
Pre-certification by State Law Advisers / The Bill has been pre-certified by state law advisors and it was found to be constitutionally correct
“Working together with the Khoi and San to redress the injustices of the past”: Promotion of Unity amongst the Khoi and San communities / On 7 March 2012, the Minister of Cooperative Governance and Traditional Affairs met with the National Khoi and San Council (NKC). One of the issues raised during this meeting was the fact that over the past few years it has increasingly been alleged that the NKC is not representative of all Khoi-San communities in the country. The Minister therefore requested that the National Khoi and San Council, supported by the DTA, identify and consult with such communities with a view to establish the reasons why such communities believe they are not represented on or by the NKC, and to advise the Minister on an appropriate way forward. Such advice should include the future role and composition of the NKC. This was done in the spirit of “working together to redress the injustices of the past”.
Subsequently, the Department together with the National KhoiSan Council (NKC) noted the disunity that existed in a number of areas with regard to Khoi and San leadership. The DTA and the NKC facilitated countrywide consultations with the Khoi and San leadership and communities with a view to promote unity, social cohesion and nation building. These engagements were necessary so that the Ministry’s consultation on the Bill is with the legitimate people and structures of the Khoi and San. As a result of this process, a NKC, which is representative of all the five groups of the KhoiSan, namely; Cape- Khoi, Griqua, Korana, Nama and the San was established, and the members increased from 21 to 30.
Costing of the Bill / Costing has been completed. It is estimated that less than 5% of almost 320,000 khoi and san community members who are highly concentrated in Northern and Western Cape, will be recognized as traditional leaders.
1st presentation of the Bill to cabinet / In the process of entering Parliamentary process
Gazetting for public comment / Will be done after the Bill is processed by Cabinet
Analyse comments and refine Bill after closing date of comments / Dependent on the above process
2nd Cabinet process and tabling in parliament / Dependent on the above processes

3.  Highlights of 2013 SONA and their implications to Traditional Affairs

The following table outlines SONA highlights, impact for the department and an implementation of activities in relation to these highlights:

2013 SONA Highlights / Impact on the Department and Activities / Timeframes /
The Bill on Gender Equality and Women Empowerment
“The Bill on Gender Equality and Women Empowerment has been approved by Cabinet for public comment. The Bill criminalises practices that have adverse effects on women and girls. It also legislates the 50/50 policy position with regard to the representation of women in decision making structures.” / Impact: 50/50 gender representation on the all decision making structures necessitates that the institution of traditional leadership work towards implementing this in all its structures.
The Traditional Leadership Governance Framework Act (TLGFA) provides for 30% women representation on traditional structures. The Bill on Gender Equality and Women Empowerment will necessitate an amendment of the TLGFA. The Department’s activities towards this will be:
·  Amendment of the TLGFA will be considered
·  DTA to support NHTL to make inputs in the Bill on Gender Equality and Women Empowerment
·  As part of the Empowerment programme Toolkit, these issues will be raised with Department of Women, Children and People with Disabilities to find solutions. / April 2014
Before enactment of the Traditional Affairs Bill review process.
June 2013
June 2013
Infrastructure
“The infrastructure development programme has been a valuable source of learning for government. In the year ahead, we will fast-track many of the projects that the PICC has announced.” / Implications for the Department’s 2013/14 and MTEF Plans
·  Profiling 78 identified Traditional Councils. This project will also include gathering of information on infrastructure projects, local people employed or participating in these projects and to determine traditional leaders’ involvement in the whole process.
·  Provide support to 78 traditional councils.
·  Development of Outreach Programme Empowerment Training Toolkit
·  Implementation of the Traditional Leadership Outreach Programme Empowerment Training Toolkit / March 2014
MTEF (2013 – 2016)
April 2013
March 2014
Rural development
“While rural development remains a priority of government, it is crucial that we also develop a national integrated urban development framework to assist municipalities to effectively manage rapid urbanisation. As part of implementing the National Development Plan, all three spheres of government need to manage the new wave of urbanisation in ways that also contribute to rural development.” / Implications for the Department’s 2013/14 and MTEF Plans
·  Department and the National House of Traditional Leaders will continue to participate in the Traditional Leadership Work Stream facilitated by the Department of Rural Development and Land Reform to ensure that traditional leaders participate in socio economic development of their communities / April 2013 – March 2014
Tourism
“We identified tourism as one of our job drivers”. / Implications for the Department’s 2013/14 and MTEF Plans
·  Cultural tourist attraction sites within traditional, Khoi and San communities will be identified in provinces and promoted
·  Implementation of Empowerment Programme Toolkit: Provide support to traditional, Khoi and San leadership to work with government to develop tourism activities in their communities as part of job creation and rural development. / May 2013- March 2014
Education
“We congratulate the 2012..... top grade 12 learner, Miss Madikgetho Komane, from Sekhukhune district, Limpopo...”
This learner comes from a traditional community in Limpopo / Implications for the Department’s 2013/14 and MTEF Plans
·  Develop a bursay policy for top performers in traditional, Khoi and San communities and children of traditional, Khoi and San leaders.
·  Implement a bursary policy for top performers in traditional, Khoi and San communities and children of traditional, Khoi and San leaders.
·  Gather information from STATS SA and the Department of Basic Education to examine the general performance of learners in traditional, Khoi and San communities. The information gathered will be shared with the traditional and Khoi and San structures to ensure that they continue to play a critical role in the development of their communities. / Dec 2013
Jan 2014
Sept 2013
Land
“Amendments to the Restitution of Land Rights Act, 1994 in order to provide for the re-opening of the lodgement of restitution claims, by people who missed the deadline of 31 December 1998...explore exceptions to the June 1913 cut-off date to accommodate claims by the descendents of the Khoi and San as well as heritage sites and historical landmarks ” / Implications for the Department’s 2013/14 and MTEF Plans
The 1913 Land Act displaced traditional, Khoi and San leadership and communities from their land.
·  Implementation of the Traditional Affairs Outreach Programme Empowerment Training Toolkit: The Department in collaboration with Rural Development and Land Reform will assist and empower and support the traditional leaders as well as the Khoi and San leaders to reclaim their land during this process.
·  Meeting between the Ministers of Rural Development and COGTA with Kings and Khoi and San leaders to discuss land claim issues.
·  Continue to participate and provide inputs in the Traditional Leadership Work-stream of the Department of Rural Development and Land Reform to ensure that landless traditional, Khoi and San leaders benefit from the re-opening of the lodgement of restitution claims, by people who missed the deadline of 31 December 1998
·  DTA to conduct an audit of heritage sites and commemoration days of traditional, cultural, religious and linguistic communities to ensure that these sites are restored
·  In collaboration with South African Heritage Council, restore heritage sites and commemoration days of traditional, cultural, religious and linguistic communities / 2013/14 – 2015/16 Medium Term Period
Ongoing
Dec 2013
2014/15 Financial Year
High co-infection rates of HIV and TB and increase in diseases of lifestyle.
. / Implications for the Department’s 2013/14 and MTEF Plans
Almost 21 million people live in rural areas and under the traditional leadership. The role of traditional leadership is critical in ensuring that the moral fibre and health of communities remains intact in terms of the cultural values:
·  Implementation of Outreach Programme Empowerment Training Toolkit. The Department of Health will be invited to address the traditional leaders during workshops on empowerment programme toolkit / 2013/14 Financial Year
Social Cohesion
In the year 2012, we focused on preserving and promoting our country’s cultural heritage with particular emphasis on our liberation heritage. In the implementation of our programme we will work with our Social Cohesion Advocates, eminent South Africans drawn from a variety of sectors within our society.” / Implications for the Department’s 2013/14 and MTEF Plans
·  As indicated earlier, the Department will continue with a project on uniting the different structures of the Khoi and San communities working together with the National Khoi San Council. The Khoi San Council membership has been increased from 21 to 30 to address representivity across the five different communities.
·  Conduct an audit of Heritage sites and commemoration days of traditional, cultural, religious and linguistic communities will be conducted to ensure that heritage sites are restored working in collaboration with all key stakeholders.
·  Establishment of Provincial Interfaith Chapters.
·  Engagement with and support to Interfaith Sector to promote social cohesion
·  Promotion of culture and self identity through cultural events which have been identified for 2013/14.
·  Working with relevant government agencies coordinate Heritage Preservation, access to sites on privately owned farms as well as identification and integration of the Khoi and San heritage sites / Ongoing
2014/15 Financial Year
2013/14 Financial Year
2013/14 – 2015/16 Financial Years
2013/14 – 2015/16 Financial Years

Conclusion:

All these activities from SONA highlights are incorporated in the DTA Draft 2013/14 Annual Performance Plan and 2013/14 – 2015/16 Strategic Plan.