| Summary: | Aim of the study: The main aim of the study is to examine and pursue research
regarding the history and role of law in the disintegration of the institutions of
traditional leadership in South Africa, Botswana and Lesotho in order to make
recommendations regarding the challenges and opportunities facing traditional
authorities in these countries. The traditional systems, roles and functions of
these institutions are traced from the pre-colonial era up to the period of
democratic regimes in these countries. This study is based on the premises that
the jurisprudence of the institution of traditional leadership is as old as mankind
and that this institution is rooted in the rural soil of African communities.
Research Methodology: This study is based on legal comparative research with
reference to South Africa, Botswana and Lesotho. A literature survey of the most
important sources dealing with history, legislation and policy documents was
undertaken.
Conclusion and Recommendations: The institution of traditional leadership is
one of the oldest traditional institutions of governance in South Africa, Botswana
and Lesotho. During the pre-colonial era traditional authorities constituted an
important component in the traditional system of the administration of the
traditional community. Traditions placed a great amount of responsibility on
traditional leaders to look after the best interests of their communities. When the
colonial government took over the reigns of these three countries, they changed
the pre-colonial form and nature of traditional authorities. These colonial
governments exercised control over traditional leaders and allowed minimum
independence in their traditional rule.
The post-colonial governments of South Africa, Botswana and Lesotho retained
the institution of traditional leadership. The Constitutions of these countries
provide the legal framework for the recognition and functioning of the office of
traditional leaders. However, it has been noted in this study that the relationship
between the traditional leaders and the governments of these countries has been
a mixture of conflict and cordiality. One of the reasons for this uneasy
relationship between the traditional leaders and the central governments of these
countries is that the status, authority, power and functions of traditional leaders
have been reduced considerably when new institutions such as Local
Governments, Land Boards, District Councils and Village District Councils were
given powers and functions previously exercised by traditional leaders.
The post-colonial transformation of traditional leadership in these three countries
has led to a steep decline in the authority of traditional leaders. In order to
encourage active participation of the traditional leaders in the new democratic
structures and bodies, the institution of traditional leadership must be adapted to
the changing political, social and economic environments. Rural local
government bodies and the national governments of these countries should not
view the institutions of traditional leadership as competitors for political power.
The post-colonial governments of South Africa, Botswana and Lesotho should
introduce traditional leaders as equal partners in the development and
advancement of rural communities. In order to achieve this goal the governments
of these countries should empower and capacitate traditional leaders so that they
do not become misfits in the new constitutional and democratic settlements. === Thesis (LL.D. (Indigenous Law))--North-West University, Potchefstroom Campus, 2007.
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