An investigation into challenges relating to traditional leadership succession in the North West Province, South Africa (1927-2015)

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AN INVESTIGATION INTO CHALLENGES RELATING TO TRADITIONAL LEADERSHIP SUCCESSION IN THE NORTH WEST PROVINCE, SOUTH AFRICA (1927-2015)

OE KEOAGILE (17120969)

Mini-dissertation submitted in partial fulfilment of the requirements for the degree Master of Arts in Political Science at the North West University, Mafikeng Campus

Supervisor: Professor Lere Amusan

FEBRUARY 2016 LIBRARY MAFIKENG CAMPUS CALL NO,:

2021 -02- 1 5

TABLE OF CONTENTS

I Acknowledgements ... i

II Declaration ... ii iii List of Acronyms ... iii

iv Definition of concepts ... iv v Abstract ... v

CHAPTER ONE ........................................................................... 1

1 .1 INTRODUCTION ... 1

1.2 PROBLEM STATEMENT ... 3

1.3 RATIONALE FOR THE STUDY ... 3

1.4 SCOPE OF THE STUDY ... 4

1.5 OBJECTIVES OF THE STUDY ... 5

1.6 METHODOLOGY ...

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1.7 ETHICAL CONSIDERATIONS ... 6

1.8 LIMITATIONS OF THE STUDY ... 6

1.9 OUTLINE OF THE STUDY ... 6

1.10 CONCLUSION ... 7

CHAPTER TWO ......................................................... 8

LITERATURE REVIEW AND THEORETICAL FRAMEWORK ... 8

2.1 INTRODUCTION ... 8

2.2. LITERATURE REVIEW ... 8

2.2.1 Apartheid and its effects on traditional leadership ... 9

2.2.2 The impact of the Bophuthatswana government.. ... 10

2.2.3 Customs versus the Constitution ... 11 2.2.4 Politics versus traditional leadership ... 14 2.3. THEORETICAL FRAMEWORK ... 17

2.4. CONCLUSION ... 20

CHAPTER THREE ...................................... 22 3.1 INTRODUCTION ... 22

3. 2 HISTORY OF THE BAKGATLA BA KGAFELA IN MORULENG ... 22

3.3. SUCCESSION IN BAKGATLA BA KGAFELA ... 24

3.3.1. BBK Senior Traditional Leadership Succession ... 26

3.4 SOCIO-POLITICAL CHALLENGES RELATING TO TRADITIONAL LEADERSHIP SUCCESSION ... 26

3.4.1 Contravention of customary law of succession ... 27

3.4.2 Recognition of a woman as a traditional leader ... 29

3.4.3 Long-term regency of a traditional leader ... 32

3.4.4 Political interference into the affairs of traditional leadership ... 32

3.4.5 Royal family bureaucracy ... 33

3.5 THE ROLE OF TRADITIONAL LEADERS IN SOUTH AFRICA IN THE 21 sr ... 33

CHAPTER FOUR .................................................................. 35

4.0 WHAT MAKES A RIGHTFUL TRADITIONAL LEADER AND THE FUTURE OF ... 35

4.1.1 What makes a rightful and legitimate traditional leader? ... 35

4.1.2 The future of traditional leaders in South Africa beyond the 1996 ... 36

Constitution ... 36

4.1.3 Conclusion ... 37

CHAPTER FIVE ................................................................ 38

5.0 CONCLUSION, FINDINGS AND RECOMMENDATIONS ... 38

5.1 CONCLUSION ... 38

5.2 MAJOR FINDINGS OF THE STUDY ... 39

5.3 RECOMMENDATIONS ... 40

(i) ACKNOWLEDGEMENTS

I wish to thank the Almighty for His protection and guidance during my studies. Special thanks go to my supervisor, Professor Lere Amusan for his constructive criticisms. The criticisms helped significantly in my academic development.

This study would not have been completed without the humble and thought provoking inputs of my colleague, Dr Churchil Guduza. His meaningful contributions and engagement on relating to the topic assisted me immensely. I am grateful to my mother, Ms Pauline Keoagile., for whom I dedicate this study, and my siblings for their support and understanding throughout the journey.

My sincere gratitude also goes to all stakeholders whose information contributed towards improving the quality of the study such as the North West House of Traditional Leaders, the Commission on Traditional Leadership Disputes and Claims and the Department of Culture, Arts and Traditional Affairs.

(ii) DECLARATION

I, OE KEOAGILE, declare that the mini-dissertation entitled "An investigation into challenges relating to traditional leadership succession in the North West

Province, South Africa (1927-2015)", hereby submitted for the degree of Master of

Arts in Political Science has not previously been submitted by me for a degree at this or any other university. I declare that this is my work in design and execution and that all materials contained herein have been duly acknowledged.

(iii) ABSTRACT

This study examines challenges relating to succession processes within institutions of traditional leadership. It also investigates succession issues and challenges between 1927- 2015 and makes recommendations on the fundamental issue of whether such challenges actually exist as hypothesized. Although successive colonial and apartheid regimes had negative impacts on traditional leadership institutions, as demonstrated by the Native Administration Act of 1927 and Bophuthatswana Traditional Authorities Act of 1987, which empowered the President and the so-called Governor-General respectively with the powers to either depose or install a traditional leader of their choice without following the customary law, it is equally important to note that the post-1994 period brought about its own unique challenges.

Since 1994, however, as established in this study, there have been significant processes aimed at revitalising and recognising traditional leadership institutions as enshrined in the Constitution of the Republic of South Africa, (Act No. 108 of 1996).

Chapter 12 of the Constitution of South Africa recognises the status and role of traditional leadership as historically applied within customary practices. Challenges emanating from this piece of legislation are unique and range as follows: firstly,

those involving the infighting of tribesmen over traditional leadership and succession issues; secondly, those that relate to the inability of traditional councils in dealing with developmental issues in their respective communities; thirdly, where mining royalties usually serve as trigger mechanisms for the perpetuation of conflicts; and lastly, where the recognition of the role of women in the new dispensation is regarded as constituting the shifting of historical and traditional power dynamics where men have always played a dominant role.

The findings established in this study validate an argument that the above-mentioned challenges are the key factors perpetuating disputes over traditional leadership positions. Furthermore, such challenges have impacted negatively on traditional leadership institutions and succession processes.

In conclusion, this study responds to and provides solutions to the challenges analysed. This will further assist in terms of policy making and designing of

(iv) DEFINITION OF CONCEPTS

1. Bakgatla baga Kgafela: means a tribe which is named after an animal called a

blue monkey 'Kgatla' for which they totem, and secondly, named after their first Chief 'Kgafela' who ruled the tribe 1500 years ago.

2. Bogosi: refers to an ancestry position occupied by a traditional leader appointed in accordance with the customs and traditions of traditional community of a particular area.

3. Democratic theory: a theory explaining public participation, freedom and the rule of law.

4. DiKgosigadi: a female traditional leader, who in accordance with the laws and customs of a particular traditional community, is recognized as a hereditary traditional leader.

5. CTLDC: is acronym for a Commission on Traditional Leadership Disputes and Claims established by the President to investigate and make recommendations on traditional leadership disputes and claims.

6. Kgabo: an animal called a blue monkey which the Bakgatla ba ga Kgafela traditional community uses it as their totem.

7. Kgotla: a traditional kraal where traditional leaders normally meet to hold their meetings and traditional court.

8. Serobe: a core customary institution or structure constituted by an executive of the Royal family members such as such as uncles, siblings and aunts.

9. Colonialism: a policy or practice of acquiring full or partial political control over another country and exploit it economically.

10. Constitution: the supreme law of the state/country.

11. Custom or customary law: is a common traditional law that is practice within a traditional community.

12. Apartheid: the official system of segregation or discrimination on racial grounds formerly practiced in South Africa.

13. SAPS: an acronym for South African Police Services.

14. Totem: a praise singing of a natural object, animal or a bird which is believed to have a spiritual and ancestry significance by a particular tribe/clan.

16. MEC: an acronym used to refer to a Member of Executive Council.

17. D-Account: a developmental account where proceeds from mining companies

other revenues such as the sale of the land are deposited as royalties for a particular traditional community.

CTLDC

SAPS

MEC

ANC

HSRC

LIST OF ACRONYMS

: Commission on Traditional Leadership Disputes and Claims : South Africa Police Services

: Member of Executive Committee : African National Congress

CHAPTER ONE

1.1 INTRODUCTION

The arrival of colonial masters in Africa some decades ago obliterated traditional systems of governance and succession. The colonisers influenced the change in

traditional leadership succession. For example, the supreme power of appointing a

traditional leader was no longer vested in the Chief/traditional leader but in the hands of the Governor General in terms of the Black Administration Act 1927. Traditional leaders were overpowered by imperialists and were unable protect or defend their subjects and mineral resources of the territory under their control. Western politics instilled between

cultures and traditions and introduced western modes of political arrangements.

Consequently, the role of traditional leaders was reduced to that of a messenger without

any customary status (White Paper discussion Document, 2000:14).

Keulder (2000: 1) maintains that colonial rule did not only indoctrinate the minds of

African traditional leaders but also changed traditional structures, customary laws and

procedures. As a result, there were regular appointments of illegitimate chiefs and

headmen while on the other hand, deposing rightfully appointed traditional leaders who

opposed them. In Namibia today, for example, some Nama communities have headmen

not identified or appointed customarily. The latter was further precipitated by direct

intervention of the then apartheid South African administrators. Furthermore, most

Nama communities directly elect their traditional leader as a result of the same interference. It was only after independence of many African countries that some of these countries realised the ancestral traditional way of doing things.

Restoration of traditional leadership by government is premised on the fact that traditional leaders play a very significant role in the development of communities. The

role of traditional leaders can therefore not be overlooked. Currently, South African

traditional leaders are being given the opportunity to participate fully in the democratic

process of governance. The Department of Traditional Affairs was established in April

Furthermore, several pieces of legislation have been passed by parliament to focus mainly on issues of traditional leadership in South Africa. These pieces of legislation include, among others, the National House of Traditional Leaders Act, 2009 (Act of 2009) and the Traditional Leadership and Governance Framework Act 2003 (Act 41 of 2003) as amended. This legislation further provides in terms of Section (1) for the payment of salaries, car and house allowances as well medical aid to all traditional leaders (Public Office Bearers Act No. 20 1998 as amended).

All these developments were necessary and, have however, presented challenges to institutions of traditional leadership. These challenges, among others, relate to the lack of synergy between local government and traditional leadership succession. For the sake of this study, the challenges relating to traditional leadership succession are examined. These challenges include among others, infighting of tribesmen over traditional leadership positions, alleged interference of politicians in the affairs of traditional communities for their selfish interests, the role of mineral resources in perpetuating infightings of traditional leaders and contravention of customs and traditions by other royal family members for their own selfish interests.

In an attempt to respond to the above-mentioned traditional leadership challenges, the government established the Nhlapo Commission which its term of office lapsed in 2010. In substitution to the Nhlapo Commission, the National Commission on Traditional Leadership Disputes and Claims was subsequently established in same year. The mandate of this Commission was to investigate and make recommendations to the President, Premier and Minister on any traditional leadership disputes and claims submitted to it. Disputes and claims relating to traditional leadership succession seem to be endless while the members of the Commission come and go. As a point of departure, the said challenges need to be thoroughly investigated in order to make recommendations in terms of policy to the executive in order to properly manage institutions of traditional leadership.

It is against this background that this study investigates the socio-political challenges relating to traditional leadership succession in South Africa in the 21st century.

1.2 PROBLEM ST ATE ME NT

Prior to colonialism, institutions of traditional leadership used to be the most respected by African communities. Even though colonialism and the subsequent apartheid system eroded institutions of traditional leadership in terms of westernising them, the post-1994 period brought its own unique challenges in South Africa. For example, during the colonial period, traditional leaders were not identified based on customary law of succession but chosen on the basis of their loyalty to colonial masters.

The post-1994 era in South Africa ushered in political freedom which saw the recognition of institutions of traditional leadership as per chapter 12 of the Constitution. Furthermore, South Africa became democratically governed and as a result, collision of the principle of the rule of law as opposed to the practice of traditions and customs became the order of day. This, however, resulted into many challenges faced by institutions of traditional leadership today, particularly with regard to issues of succession. The said challenges relate to: (1) the recognition of women as traditional leaders as opposed to customary law which precludes a woman from becoming a traditional leader; (2) the stiff contestation for traditional leadership positions; (3) the alleged interference of politicians in the affairs of royal families; and (4) lastly, the long-term acting of traditional leaders in traditional positions (Constitution, 1996).

It is against this background that this study explores the challenges relating to traditional leadership succession in the North West in the 21st century. The focus of this is the Bakgatla ba Kgafela Traditional community of Moruleng village, Moses Kotane Municipality of the North West Province.

1.3 RATIONALE FOR THE STUDY

The researcher once served on the Commission on Traditional Leadership Disputes and Claims investigating disputes and claims on issues of succession of traditional leadership in the North West Province. As an employee of the Department responsible for Traditional Affairs, the researcher has handled several disputes relating to traditional leadership in general and succession in particular. Furthermore, the researcher observed that disputes relating to traditional leadership succession are endless, and give rise to various challenges (political or economical in the post-1994 South Africa).

Very few studies have been conducted on the above-mentioned challenges, thus the need for this study in order to come up with long lasting-solutions.

1.4 SCOPE OF THE STUDY

This study focuses on challenges relating to traditional leadership, particularly in terms of succession. Though many traditional communities in the North West are faced with traditional leadership succession issues, the position of the Bakgatla ba Kgafela senior traditional leadership seems to be the one highly contested by its own descendants. Moreover, for the sake of readers who do not know about the Bakgatla ba Kgafela, a

historical background in relation to the contribution the Bakgatla made during the Anglo

-Boer war is provided in the study. The genealogical structure of the Bakgatla traditional

leaders is examined in the study.

The main research question raised in this study is as follows: what are the actual

challenges relating to traditional leadership succession in the North West province? After establishing the challenges, the study also interrogates (Chapter 3) the causes of such challenges. Interestingly, the issue that has widely been debated in the social discourse by scholars and policy makers with regard to the role which traditional leaders play in the post-1994 South Africa is also discussed in this Chapter.

Chapter two (2) is the literature review and informs Chapter three (3) in that it analyses a number of critical issues relating to the linkage between the Constitution and custom, the impact of apartheid and the subsequent Bophuthatswana government on traditional leadership succession. As a result, issues interrogated in the literature review are very

interesting as they also buy into the arguments and analysis of other authors and .

writers.

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fundamental question: what makes a traditional leader to be a rightful and legitimate candidate? Based on the findings of this study, it also predicts the future of traditional

leadership in the 21st century. The findings and recommendations suggested constitute

1.5 OBJECTIVES OF THE STUDY The objectives of this study were to:

• Investigate the role of traditional leaders in South Africa in the 21st century;

• Identify and analyse challenges relating to traditional leadership succession with special emphasis on the Bakgatla ba Kgafela; and

• Determine what makes a rightful or legitimate traditional leader.

1.6 METHODOLOGY

Research methodology refers to the modus operandi used in conducting a study. The research methodology used in this study is qualitative as opposed to quantitative. De Vos (2001 :241) understands qualitative research as subjective in nature. Leedy (2001 :148) believes that qualitative research is the approach that objectively measures the society. This study explores research methodology techniques such research design, data collection and data analysis.

1.6.1 Research design

Research design is one concept that cannot be overlooked when dealing with the entire process of a research. This means looking into the approach of a methodology in terms of how the research project is structured and planned from the beginning to the end.

1.6.2 Data collection

Various methods were employed in order to collect data for the study. The researcher has however relied more on secondary data collection techniques such as reviewing existing books, distributing open - ended questionnaires to the affected parties and the interviews.

Interviews were also conducted with all affected parties such as community members,

traditional leaders and royal family members of the Bakgatla ba Kgafela.

Archives consulted in order to access records of the Bakgatla ba Kgafela customary laws of succession and institutions of traditional leadership were:

• The House of Traditional leaders in the North West province;

• The Commission on Traditional Leadership Disputes and Claims for further research.

1.6.3 Data analysis

Once the data was collected as explained above, it was analysed qualitatively. It should be indicated here that there are two categories of data: primary and secondary data. According to Weimar and Kruger (2000:71), secondary data refers to information already existing somewhere and collected for another purpose while primary data consists of original information collected for a specific purpose.

Furthermore, the various types of data as explained above are important for different circumstances and purposes the study seeks to achieve. However, the researcher is of the view that primary data is pivotal and should dominate in a study.

1.7 ETHICAL CONSIDERATIONS

• The researcher ensured the confidentiality of data obtained from respondents. • Respondents were informed to participate voluntarily.

• The researcher provided respondents with a report of the findings of the study. 1.8 LIMITATIONS OF THE STUDY

This study cannot be viewed as a panacea for all issues relating to traditional leadership, as a result, limitations were identified. The limitations include the fact that the study does not involve all traditional communities in the Province. Furthermore, the study pays specific attention only to challenges relating to traditional leadership succession in the North West province.

The findings and recommendations of this study will assist in resolving traditional leadership disputes. These findings and recommendations will not only be relevant to the North West province but to South Africa in general.

1.9 OUTLINE OF THE STUDY

This study consists of five (5) chapters. In each chapter, there are several sub-headings listed which articulate specific issues relevant for that particular heading. Moreover, for the purpose of the reader's convenience, these chapters are divided as follows:

Chapter one - is a summary and an overview of the effects of apartheid and colonialism on traditional leadership governance in South Africa. The chapter also discusses the problem statement which in actual fact, warrants the need for this study. The aim and objectives address the rationale for the study and what the research seeks to achieve. In the same vein, the methods and theory used in conducting the study are

also discussed. Furthermore, the scope of the study, ethical considerations, and

limitations of the study are equally examined in this chapter.

Chapter two - presents the literature review which is basically the views, opinions and

facts on what other authors and writers have written before on the topic. Literature

review is discussed with the theoretical framework in the same chapter. It is through the theoretical framework that the reader is able to put the topic under discussion into context and simplify it.

Chapter three - presents the history of the Bakgatla ba Kgafela taking into

consideration the fact that there is a need for the reader to understand the history of the

community under discussion. Furthermore, all challenges relating to traditional

leadership succession are articulated in detail. Lastly, the role of traditional leadership in South Africa in the 21st century is discussed.

Chapter four - is a discussion that seeks to answer the question of what makes a rightful traditional leader.

Chapter five - presents the findings of the study, recommendations and the overall conclusion of not only this chapter but of the entire study.

1.10 CONCLUSION

This chapter has presented the background of the study in relation to the impact of colonialism and apartheid on traditional leadership. It has also outlined the significance, and rationale of the study as well as exposed current challenges relating to succession with regard to traditional leadership. The objectives and problem statement derived from the overview and the background were examined and a discussion of objectives discussed. The next chapter presents the literature review and the theoretical framework that informed the study.

CHAPTER TWO

LITERATURE REVIEW AND THEORETICAL FRAMEWORK 2.1 INTRODUCTION

This chapter examines what other authors, researchers, scholars and policy makers

have written in connection with the topic under discussion. Various sources were

consulted during the literature search (books, journal articles and research papers) that

were of relevance to the study. The main source of data for this study consisted of book

reviews on challenges relating to traditional leadership and succession in the North

West province.

The second part of the Chapter is the theoretical framework that informed the study.

The theoretical framework introduces and describes the theory as well as explains the research problem. It is also a structure that holds and supports the theory of a research study. A theoretical framework is necessary in a study in order to limit the scope of the topic, focusing essentially on specific variables affecting the study.

2.2. LITERATURE REVIEW

According to Cele (2004:13), many South Africans still consider traditional leadership as

part of their culture and identity. It is evident that traditional leaders and chiefs still play an important role in the lives of many South Africans. South Africa is by its origin and

formation, constituted by various ethnic groups which subscribe and uphold institutions

of traditional leadership in the country.

On the other hand, the history of traditional leadership in South Africa has a connection in one way or the other with previous oppressive regimes of apartheid and the Bophuthatswana government. It is therefore important to note their impact, particularly when the issue of traditional leadership succession is being discussed. In this regard,

the analysis of such regimes have therefore been captured hereunder in order to provide a clear understanding of the relationship between traditional leadership and previous regimes.

2.2.1 Apartheid and its effects on traditional leadership

The period between 1948 and 1994 was characterised by racial segregation and

exploitation of blacks by whites in what became known as apartheid. The most popular

feature of the apartheid era were the territorial division of Africans based on ethnicity which subsequently led to the introduction of the Bantu Authorities Act, (Act No. 68 of 1951 ). It was through this system introduced by Dr Verwoerd that tribal authorities and

later independent national units came into existence (Mbenga & Manson, 2010: 116).

Furthermore, it is the researcher's view that the colonial masters used oppressive laws not only to divide families and relatives but also to influence succession and gain

access to tribal resources, especially land. Cele (2004:2) also maintains that the

apartheid system destabilised traditional leadership governance in South Africa. This is evident in South African villages, especially villages in the North West province where some of the current generation of traditional leaders are the sons of traditional

leaders/chiefs co-opted by colonial rulers. This was not done in accordance with the

customary law of succession practised by the same traditional communities.

Similarly, the above-mentioned sentiment is echoed by Khunou & Maseng that "the apartheid government designed and sponsored conflicts and divisions among traditional

leaders of South Africa" (Khunou & Maseng, 2013:8).

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It is, however, worth mentioning that though some traditional leaders were submissive ·

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to these apartheid rulers, others were repudiating the system. For instance, the reign of Kgosi Manotshe of Bafokeng in 1948 demonstrated the defiance of the apartheid system by refusing to succumb to the orders of the then Native Commissioner Visser. Moreover, the strength and patience of Kgosi Manotshe was tested on many occasions including when he was accused by the secretary of Lekgotla for dictatorship. Subsequently, the Native Commissioners, Visser and Reverend Brummerhof accused Kgosi Manotshe of maladministration and that he had adopted an anti-white attitude

(Mbenga & Manson, 2010:117).

The researcher does not totally agree with Khunou (2009: 83) that traditional leaders

themselves played a significant role in becoming agents of the colonial government. Koelble & Lipuma (2005: 07) carry forward this argument and maintain that the late

Chief Kaizer Matanzima (chief Minister of former Transkei) was the key ally to the apartheid regime.

When one looks at the broader impact of apartheid on traditional leadership

governance, and succession in particular, one realises that the apartheid regime did

more damage than good. The repercussions of such damage are now visible among traditional leadership institutions and in their governance. The introduction of the Black

Administrations Act in 1927, which gave the Governor-General powers to appoint

traditional leaders, was used as a tool to infiltrate and further influence traditional

leadership succession. This was completely alien to institutions of traditional

leadership, particularly in line with customary law of succession. It is argued that the enactment of the Black Administrations Act was as a result of the fear by authorities that many traditional leaders would be radicalised and be lobbied into the politics of the ANC

(African National Cong res) (ANC, White Paper on Traditional Leadership, 2000).

2.2.2 The impact of the Bophuthatswana government

This study would be incomplete if the historical impact that the Bophuthatswana government had particularly in the North West province in terms the current challenges relating to traditional leadership succession is not mentioned. It is the view of the researcher that many disputes surrounding the succession of traditional leaders are as a result of the erroneous installation of illegitimate traditional leaders by the former

President Mangope of the erstwhile Bophuthatswana government. In 1988, President

Mangope amended the Traditional Authorities Act in order to give him powers to depose or appoint traditional leaders within the vicinity of the then Bophuthatswana state. For

example, Kgosi Samuel Mankurwane of Batlhaping ba ga Phuduhucwana in Taung was

deposed from his position. This decision was not taken only for the Mankurwane's

matter but to other traditional leaders who did not agree with Mangope's regime

(Mbenga & Manson, 2014:135).

The same Traditional Authorities Act was applied in the case of the Bafokeng Kgosi Edward Lebone Molotlegi for his resistance against the Bophuthatswana government in 1988. The same Act made it possible for Mangope to appoint his ally and brother to Kgosi Lebone Molotlegi, Mokgaro to act in place of Kgosi Lebone Molotlegi who was in

several factors and among them, his perpetual defiance of Mangope's attempt to gain access to the land and resources belonging to the Bafokeng community. The other aspect that kept the Bophutatswana contingent of police at Lebone's home was the allegation that Kgosi Lebone masterminded the failed coup in 1988 led by the leader of the People's Progressive Party, Rocky Malebane-Metsing.

During this period, Kgosi Lebone and his family, particularly his wife, Semane Molotlegi,

were subjected to perpetual incarceration by the Bophuthatswana police though they were never charged. This was done merely to intimidate the victims, in order for them to eventually succumb to the Bophutatswana regime even though this did not materialise until the new dispensation in 1994 (Mbenga & Manson, 2011 :138).

2.2.3 Customs versus the Constitution

Cultural practices and customs are still being observed in many communities in South Africa. Soanes (214:2005) defines custom as; a traditional way of behaving or doing something that is specific to a society, place, or time. Albeit the respect that these customs and traditions receive, some appear to be old and unable to respond to current challenges in modern times. While on the other hand, the Constitution is written and documented, customary laws are forever provided verbally. Even though the Constitution supersedes all other laws of the land, it has become very pivotal that customs and customary laws among Batswana ethnic groups be clearly stated and documented for future generations. This is precisely because these customs and traditions evolve with time. Bekker & Rautenbach (2010: 20) are categorical that many customs ceased to exist during the reign of imperialists, precisely because there were no records on African customary law.

It should be noted further that though customs change over time, as indicated by Bekker & Rautenbach, there are those that are static regardless of changes in social or economic conditions. An example in this regard is the customary tradition of giving a token of appreciation (usually in kind) by the groom's family to the bride's family (lobola) which is still relevant today.

Upholding the customs of the land has, however, been challenged by the rule of law as enshrined in the Constitution of 1996. For instance, the case of Mrs Tumane of Bakgatla community wherein in 1998, made an interdict application that Bakgatla Ba Kgafela

Tribal Authority representative ordered her to stay inside her yard for a particular period of time. This was after Mrs Tumane refused to perform a burial rite considered a Setswana ritual requiring a newly bereaved spouse to sprinkle a herb called (Mogaga) (Comaroff, J. & Comaroff J. 2003:48). Central to the foregoing, the Mafikeng High court eventually ruled in favour of E. Tumane.

After the deliberation on issues of the bill of rights against Batswana customs and beliefs, the Court subsequently found that Tumane's rights were violated by Bakgatla Tribal Authority members. The point in this case is that, at times, the principles of the rule of law brought about by democracy are at loggerheads with the customs and customary law of many traditional communities in the North West province in particular and South Africa in general (Comaroff, 2005:48).

The post-1994 period in South Africa with the enactment of the Constitution as the supreme law of the country has made significant strides in terms of maintaining justice and order in the society. Justice would then be the ultimate goal of achieving equality and prosperity among individuals in society. This context explains why Burns (2003:76) interpreted Aristotle's role of politics by maintaining that politics must enable a process

of personal development to prevail.

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diversity of South Africa taking into consideration the various tribes and ethnic groups practising diverse cultures and traditions. Clarity in this instance was given by President Zuma, during the National Assembly sitting where he called for consistence and preservation in respect of the balance between the republicans and monarchists. The President made reference to the provisions in Chapters seven (7) and twelve (12) of the Constitution, which among others, recognise the role and status of institutions of traditional leadership (National Assembly, 11 March 2015).

Furthermore, it is the researcher's observation that truth and justice are always compromised in South African Courts, especially when the presiding judge is not a black person and as a result, he has to adjudicate on cases involving customary laws and customs. Usually, the presiding judge is conversant with the principles and application of customs and as a result, the judge sometimes misinterprets the relevant and applicable legislation. Despite the Constitution being very clear in Chapter 12,

Section 211 (3), that courts shall apply customary law where applicable, subject to the Constitution and any legislation that specifically deal with customary law, however, proceedings in courts have always demonstrated that it is survival of the fittest. The foregoing is very unfortunate, precisely because the position of traditional leadership is customarily hereditary and not democratic.

In 2013, the same sentiment was reiterated by the then acting MEC of Local Government and Traditional Affairs of the North West province, Honorable Paul Sebegoe. The acting MEC was briefed by researchers of the Commission on Traditional Leadership Disputes and Claims on the dispute of the position of senior traditional leadership of the Bakgatla ba Kgafela. In response, Honorable Sebegoe indicated that he was not in support of traditional leadership succession matters being argued out in Court. According to Sebegoe, the decision on traditional leadership succession lies strictly with the royal family and not external parties (Speech; Sebegoe, 2013).

Despite the challenges identified in this study regarding conflict between the Constitution and some customs and customary practices that occur from time to time, at least some progress has been registered. It is a milestone that equality is embraced in accordance with Section 9 (3) of the Constitution (1996:7) that:

The state may not discriminate directly or indirectly against anyone on the grounds of race, gender, sex, pregnancy, marital status, ethnic, or social origin,

colour, sexual orientation, age, disability, religion, conscience, belief, culture,

language and birth.

Central to the foregoing, this then suggests that participation of women across all spheres of government is now recognised in many pieces of legislation in South Africa, including eligibility of women to contest the position of tradition leadership. Subsequently, this customary law then becomes at loggerhead with this section of the Constitution, as it was a foreign practice among African tribes that a woman can become a senior traditional leader or headman. An example worth mentioning is the case of traditional leadership dispute between Ms Shilubana and Mr Nwamitwa of Valoyi Traditional community in Limpopo. In a nutshell, after the decision of both the High Court and the Supreme Court of Appeal that Mr Nwamitwa was the rightful heir to the Valoyi community, the Constitutional Court overturned such decision on the basis of

gender discrimination. This further led to Judge Westhuizen J ruling in favour of Ms Nwamitwa as the rightful heiress to the Valoyi traditional leadership position (Case CCt 03/07, 2008/ZCC9).

Furthermore, Bekker & Rautenbach (2010: 11) have identified many other sections of the Constitution that are in conflict with traditional customs and customary law and among others, are Sections 21 (3) and 25 (1 ). It is thus argued that law-makers should balance the equation between custom and the Constitution as instructed by President Zuma (National Assembly, 11 March 2015). This is based on the observation that where the Constitution bites custom, it should also able to nicely protect it.

2.2.4 Politics versus traditional leadership

It is worth noting that challenges relating to traditional leadership succession are attributed to the caliber of political leadership and political system in practice. This is because in a constitutional and republican state such as South Africa, state power lies with politicians as opposed to traditional leadership in a monarchical state. The most unfortunate part is that these political leaders are not all the time virtuous and fair because they tend not to influence the distribution of state resources in a fair manner. According to Plato's assertion as explained by Burns (2003:82), these leaders are not fit to govern as they do not possess what Aristotle referred to as nobility, merit and excellence.

Recently, the same issue was raised in the South African Parliament by Prince Mangosuthu Buthelezi during a questions and answers session to the President where he suggested the need to review Chapter 12 of the Constitution. Buthelezi is of the view that Chapter 12 of the Constitution which deals with recognition of institutions of traditional leadership were too shallow. Moreover, the same Chapter gives traditional leaders limited powers to exercise their authorities within traditional communities (National Assembly, 11 March 2015).

This type of political system explained above gives political heads at the national, provincial and local level more state power than traditional leaders. As a result, traditional positions become ceremonial in nature. This is normally evident where political interest is at stake and the fight over properties owned by traditional leaders

to have dealt with the erstwhile Bophuthatswana government in the manner that he did. Kgosi Molotlegi was involved in a severe battle with President Mangope of Bophuthatswana government over ownership of land endowed with resources

belonging to the Bafokeng in the early 1980s. The core of the said disagreement was

because Mangope wanted to ultimately get access to the mining royalties of the said land (Mbenga & Manson, 136:2014).

Furthermore, though the combination of democratic governance and traditional

leadership at the local level has proven to be effective and vibrant, however, there is an element of conflict and duplication with regard to the roles of the two systems at the local level. This duplication of roles has triggered contestation for recognition and limited resources among councilors and traditional leaders at the expense of poor

communities. From time immemorial, institutions of traditional leadership have always

not only been the centralised government at the local levels but have also been the custodian of customs and moral regeneration. Their role is thus very simple, to allocate

land to indigenous people, address socio-economic problems arising from subjects,

collect tax revenue in order to use in the building of schools, clinics and other social

amenities. On the other hand, councilors are the political heads invented from the

process of the democracy at the local government level. The role of councilors, just like

traditional leaders, is to communicate socio-economic problems from their respective

communities to provincial and national government (Khunou, 2009: 83).

Councilors are thus compelled, in terms of the legislation, to call community meetings at any time, so are traditional leaders. However, a conflict always arises between the two structures due to failure of engagement on their planned community programmes

and activities. Notwithstanding, 20 years after the attainment of constitutional

democracy, the South African government has been able to transform institutions of

traditional leadership to the better even though it is not at its best. Donkers & Murray

(1997:01) have quite frankly observed that traditional leaders in the country are at liberty

to transform their institution within the framework of constitutional democracy unlike in

the erstwhile apartheid and Bophuthatswana governments.

The foregoing revelation clearly explains and exposes the naked truth of the situation

between political heads and traditional leadership. At times, political leaders are

of the poor and needy traditional communities. The political posture of this nature is best

analysed by Machiavelli; Boucher & Kelly (2007: 157) where they acknowledge the

contradiction between politics and ethics. According to Machiavelli, political life is above

all, a gladiatorial arena where the strong subdue the weak and obtain preferential

access to the limited resources.

On the other hand, traditional leaders are themselves sometimes divided and this may

be on who benefits what or more in terms of the community's resources. These

community resources may be the distribution of land, mineral resources underneath or

other resources that are supposed to be shared equally among community members.

Once these resources cause division among traditional leaders and their royal family

members, succession disputes become inevitable. As a result, the legitimacy of the

current Kgosi in power is usually questioned. Recently, in the North West province, traditional communities such as Bapo ba Mogale and Bakubung in Ledig near

Rustenburg were on fire over missing mining royalties. /

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protests over the alleged misappropriation of royalties paid by the local mining company, the Bakubung into the coffers of the traditional council (SABC news, 12 April 2015).

Politicians further use political power to influence traditional leadership succession.

This is motivated by the desire to use the person installed in the traditional position to their advantage. Politicians do this deliberately even though aware of the influence traditional leaders have in their own respective communities. This modus operandi was used by the apartheid government prior 1994, and ended up being a normal practice (Koelble & Lipluma, 2005:74).

Furthermore, the D-Accounts have been a source for controversy and corruption,

particularly in traditional communities with mining opportunities. A D-Account is the

account where all mining companies deposit royalties for traditional authorities where they are operating. The D-Account is in terms of the law, managed by the Treasury of

the Provincial government concerned. There are always speculations and insinuations

that politicians are looting these accounts due to their influence and connections in government.

In 2013, the Bapo ba Mogale traditional community just like Bakubung ba Ratheo,

dissented over mismanagement and continuous misappropriation of funds from their

D-Accounts. The foregoing culminated and triggered the attention of two governmental

wings; the Public Protector and SCOPA (Standing Committee on Provincial Public

Accounts). Reports on the investigations have not yet been revealed for public

consumption (2013, The Mail Newspaper).

2.3. THEORETICAL FRAMEWORK

There are various theories which clearly explain the topic under discussion. These are the traditional leadership and democratic theories. The two theories are very suitable for

the study. According to Marx Webber (2009:09) , in a traditional leadership theory,

power is given to a leader based on the traditions of the past. As a result, many leaders under this theory inherit power from their predecessors. Traditional theorists, in many

instances, are in favour of monarchical form of government where the head of the state

is not elected but born a King. Traditional leadership theory therefore influences a

monarch hence, the thinking and principles compatible to each other. Habsburg

(2010:2) raises a very interesting question as to which form of government best serves the people between a monarch and a republic.

Theoretically, a lot of satisfaction has expressed in favour of a monarchical form of

government than a republic. Some of the advantages raised in Von Habsburg's

argument are that a King is born and grows up in his office as head of state and as a result, becomes not only a professional but an expert. More importantly, a king is not tied to any political party and does not owe his position to any voters or any business

people vis-a-vis a president in the case of a republican government. Moreover, the

advantages of the traditional leadership theory can best be understood within the

context of a monarchical form of government in the sense that, under the latter, there is

no need for elections as the person to occupy the traditional leadership position is

known to the royal family. Moreover, it is assumed that the monarchy is the most

accessible and highly participatory form of government in that the ruler is independent. He is for the citizens equally but not tied in the face of the minority and power, as a result, he is able to protect the rights of the weak (Von Habsburg, 2010:03).

Consistent with the traditional leadership theory, the danger of a monarchical state is that once a ruler has ascended to the throne, if he is bad or incompetent, it therefore becomes almost impossible to oust him. This is precisely because community members

have no say on succession order, precisely because the position is hereditary to the

eldest son of the late traditional leader.

On the other hand, there exists a school of thought based on the democratic theory

which Sithole (2009:4) refers to as democratic pragmatism. According to Sithole,

democracy and human rights are essentially defined consistent with this school of

thought and further prioritises the rights of individual human beings to choice and

freedom. Even though the democratic theory can actually fit in both a monarchy and a

republic, however, it is indeed a theory influencing republicanism. Interestingly,

monarchists have claimed that in fact democracy functions better under a monarchy than under a republic. It is in a republic where a democratic process of electing a head of the state is practised vis-a-vis a monarchical state. As a result, the tenets of a

republican state are in this instance, used to better understand the context of a

democratic theory. The pros and cons of a republican state are articulated hereinafter

(Habsburg, 1970: 02).

The advantages of the democratic theory are that it promotes the significance of the participatory method of leadership with consensus - based on decision-making in the sense that the leader is compelled to put the interests of the people who have elected

him/her above anything else. These principles are derived from the values on equality

before the law. The theory further allows for the voices of women and the youth in governance issues.

Furthermore, in the event where the head of state elected is not delivering to the

satisfaction of the citizens, they have all the rights to remove that particular head of

state through voting processes. Even though monarchists have claimed the

compatibility of a democracy and monarch, in fact, there seems to be incompatibility

between customary practice and the rule of law brought about by democracy (Monga,

1996:18).

opposed to the appliance of customary law which allows succession disputes to be dealt with by traditional leaders themselves in accordance with their customs and traditions. As Schepera (1963: 52) remarks, no person who is not a senior member of the royal family lineage is entitled to succession. Ordinarily, the eldest son would qualify as an heir to the throne. The latter is consistent with the Setswana saying that 'bogosi boa tsalelwa' which literally translated means that 'a chief/traditional leader is a traditional leader because he is born into it'.

On the other hand, the concrete disadvantages of the democratic theory cannot be over-emphasised. The danger of the democratic theory is that once a president has voters and the support of powerful business men, he or she no longer represents the interests of every citizen but that of a political party and business people who helped him or her obtain the position.

Consequently, the combination of tenets of both democratic and traditional theories in this study constitutes and represents the Machiavellian school of thought. In his articulation of politics of state and citizenry, Machiavelli talks to the problem statement of this study. Moreover, Machiavelli never attempts to analyse things as they are imagined, but rather as how actually they are. His consistent analysis is to examine what is actually done compared to what should be done. According to Boucher & Kelly (2007: 155), Machiavelli's comparison of a monarch and the republic acknowledges the combination of the two systems as the number one killer, particularly with regard to ensuring both security and prosperity.

Machiavelli further applauds republics because it can be able to adapt better to the changing times and most importantly, acknowledges that the rule of law also allows for individual survival through adventurous and innovative spirit. Interestingly, Machiavelli goes on to clarify the nature of society as naturally divided into competing interests and could never be kept to a perfect unity and criticizes the classical and medieval idea that the community is naturally united (Boucher & Kelly, 2007: 155).

Even though the combination of both theories into one system of government may not necessarily be the best, they are better when combined. As a result, based on the deliberation of the two theories articulated above, the study adopted the 'democratic

theory' as it talks to the context and content of this research. Secondly, it is relevant to the current system of governance in South Africa.

2.4. CONCLUSION

Literature review and theoretical framework are used to understand the context of a research problem. An overview of issues discussed in the literature review reveals many issues linked to the existence of the problem, in this case, challenges relating to traditional leadership succession. These issues, among others, include the linkage between the well-known Bophuthatswana and apartheid regimes and the problem which in the researcher's view, are the primary role players in terms of influencing the current challenges relating to traditional leadership.

It is worth mentioning that the tools that both Bophuthatswana and the apartheid regimes used were necessary for the survival of the said regimes and as a result, the same modus operandi may still be used by the current regime to influence traditional leadership succession in the name of constitutional democracy. The foregoing argument is further discussed under political interference in the affairs of traditional leadership in Chapter four (4) (para 3.3.4). Literature review provides the reader with a clue in terms of how other authors, policy makers, politicians and scholars would have viewed the study.

The discussion of theories which explain the context of the study is quite clear. It is thus concluded that challenges relating to traditional leadership succession in South Africa are as a result of the influence of a mixture both traditional leadership and democratic theories in a republican state. Even though the two theories interrogated above differ in terms of their advantages and disadvantages, it appears that they both influence the state of affairs in South Africa, particularly with regard to issues of traditional leadership. For an example, South Africa is not a monarchical state but a constitutional democracy; however, it is also governed traditionally through traditional leadership structures.

It is, however, evident that within the context which these traditional leadership challenges appear, they can only be understood in relation with the democratic theory. In this case, though the tenets of both theories are evident in this study, they are, however, dominated by the democratic theory. This also speaks to the system of

established earlier from both traditional and democratic theories. As a result, the democratic theory may be used to analyse the problem under discussion, in this case, the current challenges relating to traditional leadership succession in the North West province. As a point of departure, the study adopts the democratic theory as a tool for analysis.

CHAPTER THREE

HISTORY AND CHALLENGES RELATING TO BAKGATLA TRADITIONAL

LEADERSHIP SUCCESSION AND THE ROLE OF TRADITIONAL LEADERS IN THE 21 sr CENTURY

3.1 INTRODUCTION

This chapter discusses three major issues which are the embodiment of this study. The first issue discussed is the origin of Bakgatla ba Kgafela traditional community. The Chapter unpacks the history of Bakgatla ba Kgafela traditional community. Secondly, it discusses current challenges relating to traditional leadership succession in the North West province with particular focus on Bakgatla traditional community. Lastly, it explores the role of traditional leaders in the 21st century. The discussion is aimed at interrogating and providing answers to issues relating to institutions of traditional leadership in the current democratic dispensation in South Africa.

3. 2 HISTORY OF THE BAKGATLA BA KGAFELA IN MORULENG

The totem of the Bakgatla Ba Kgafela tribe is a blue monkey (Kgabo). According to Breutz (1945:244), the tribe is one of seventy four (74) Bantu tribes in South Africa. The Bakgatla ba Kgafela is therefore one of the prominent and historically rich tribes living in South Africa for decades. The BaKgatla ba Kgafela tribe is a Setswana-speaking community in the Bojanala District of the North-West province of South Africa. The village (which Bakgatla resided in) was formerly called 'Saulsport' but is today known as 'Moruleng'. Saulsport, as it was known in the past, was administered under the region referred to as 'Pilanesberg' in Afrikaans which literally means 'Pilane's mountain' (circular ring of mountains behind today's Sun City).

In his lecture on the participation of the Bakgatla ba Kgafela tribe in the South African War, popularly known as the Anglo-Boer War, Mbenga (2015: 3) maintains that the Voortrekkers arrived in the area during the early 1840s. He posits that the chief of the Voortrekkers in charge of the Bakgatla at the time was called Pilane hence, they named the mountains and the region 'Pilanesberg' after him.

The village has been referred to as Pilanesburg until today. The Bakgatla have lived in this area since the 17th century. The rest of the Tswana groups in the Pilanesberg area were invaded by the Bafokeng of Kgosi Sebitloane, the Ndebele of Mzilikazi and lastly, the Voortrekkers, later referred to as the Afrikaners. Fokeng and Ndebele conquests were relatively short-lived as both groups eventually left the region and headed north where they founded new kingdoms.

By the late 1840s, the entire western Transvaal in particular, which included Pilanesberg, had been brought under Boer rule. As part of their subjection of African societies, the Boers appropriated African-occupied land and Africans already living on it became tenants under conditions decided by them, the new landowners. In the governance of Africans in the Rustenburg District, the leading government official was Paul Kruger, a major landowner, as well as a political and military leader who, by the mid-1860s, had become a Commander-General. The largest concentration of the Bakgatla lived in Moruleng (or Saulspoort) under chief Kgamanyane who had come to power in 1848 or 1849.

Among the hallmarks of Boer rule resented by the Bakgatla and other Africans in the

district was the flogging of their chiefs by government officials if they were thought to have flouted instructions. Africans also resented the compulsory rendering of unpaid labour on Boer farms and the extortion of some of their possessions. These pressures were becoming more onerous by the late 1860s. In April 1870, because Bakgatla men

refused to continue with the forced transportation of cartloads of large boulders of stone

for the construction of a dam for a wheat irrigation project in Saulspoort, Kgosi Kgamanyane was publicly flogged by Paul Kruger himself. This humiliating event was the deciding factor in Kgamanyane's decision to emigrate from the Transvaal (Mbenga,

2014: 2).

Kgamanyane, with about half of his people, immigrated to the Mochudi area in the land

of the Bakwena, who were then under Kgosi Sechele, in what was soon to become the

British Bechuanaland Protectorate. When the Pretoria Convention was signed between Britain and the Republic of South Africa in July 1881, an international border was fixed

Bechuanaland (today Botswana) and the Transvaal split the Bakgatla permanently into

two segments, with their paramount chief located outside the Transvaal, a reality that

has persisted until today. Today, there are about 350 000 South African Bakgatla people living in 32 villages on land they bought from the Boers between 1880 and 1930 and to which they hold legal titles. The capital of the Bakgatla's, Moruleng or

Saulspoort, is the most central of their villages. They are currently ruled by Kgosi

Nyalala Molefe John Pilane. Apart from acting chieftainships in between, he is the third

kgosi to rule the Bakgatla of South Africa since the emigration of his great grandfather,

Kgamanyane (Mbenga, 2014: 03).

3.3. SUCCESSION IN BAKGATLA BA KGAFELA

According to Schapera (1945: 153), Mogale's son, Matshego had in his first house only

a daughter named Mosetlha. In the second house, Matshego had a son named Kgafela.

Upon Matshego's death, a dispute broke out over his succession between Mosetlha

(daughter) and Kgafela (son). This was because other Bakgatlas refused to be ruled by

a woman (Mosetlha) and supported Kgafela as a senior son to rule them while others wanted Mosetlha to succeed her father (Matshego).

This difference in opinion split the Bakgatla ba Kgafela into two groups; the first one

named the Bakgatla Ba Kgafela led by Kgafela and the second one Bakgatla ba

Mosetlha led by Mosetlha. When Kgafela split with Mosetlha, he was accompanied by

his younger brothers Kau and Motsha. When Kgafela, Kau and Motsha arrived at the

Tshwane River, baga Kau and baga Motsha broke away from ba Kgafela and the place

Tshwane.

It was shortly after ba Kau and ba Motsha broke away from Ba Kgafela that they also split. Today, there are the Bakgatla ba Kgefela in Moruleng, ba Mosetlha in Makapanstad, ba Mmakau in Mmakau and baga Motsha in Hammarskraal. History

holds that in 1869, during the reign of Pilane's eldest son in the first house, Chief

Kgamanyane left South Africa with other Bakgatla tribesmen and settled in Mochudi, the

former Bechuanaland British Protectorate currently known as Botswana. According to

History holds that when Kgamanyane left South Africa, he left other Bakgatla behind

with Mokae, son of Moselekase. Moselekase was Kgamanyane's half brother in the 1 Oth

house (Mohlamme, 2000). In 1874, Kgamanyane died and was succeeded by his eldest

son from the great house, Lentswe I. During Lentswe's reign in Mochudi, he deemed it

necessary to nominate his deputy who would rule Bakgatla in Transvaal, now South

Africa. Lentswe accordingly, sent his younger brother in the same house, Ramone I to

rule other Bakgatlas in Moruleng, South Africa in 1903. It is further noted by Schapera (1945: 20) as quoted above that Ramone I was the chief officially recognised by the then Transvaal government.

Ramone I ruled in Moruleng from 1903 to 1922. When Ramone I died, his eldest son

Tidimane Ramone was still a minor and could not take over. Ramone l's half brother,

Dialwa then acted from 1917 to 1922. Dialwa was then succeeded by Ofentse as a

regent from 1922 to 1942 and lastly, Thari acted from 1942 to 1949. After all these three

regents had acted, Tidimane Ramone eventually took his rightful position as Kgosi of

Bakgatla ba Kgafela in Moruleng in 1949 and served until 1993.

Upon Tidimane's retirement in 1993, he wanted his eldest son Merafe Ramone to

succeed him. However, Lentswe 11, being a chief of Bakgatla in Mochudi, Botswana, did

not like Tidimane's wish that Merafe should succeed to the throne.

Central to the foregoing was the burning issue of who must succeed Tidimane Ramone.

As a result, post-Tidimane's reign became associated with court battles for the search

of the Bakgatla traditional leadership between both Tidimane and Lentswe 11. This was

because of the Bakgatla custom and traditions which refers to Kgosi in Mochudi,

Botswana as the 'paramount Chief' and therefore, has the prerogative to appoint a

Kgosi in Moruleng South Africa (Ramono's interview, CTLDC, 21 November 2012).

Consequently, the court judgment of 1995 presided over by Judge Hendler ruled in

favour of Lentswe 11. As a result, Lentswe 11 came all the way from Botswana to South

Africa to appoint the current incumbent Kgosi Nyalala Pilane. Surprisingly, Kgosi