Locating the institution of traditional leadership within the institutional framework of South Africa's new democracy

This study looks into the role of the institution of traditional leadership in post-apartheid South Africa. It seeks to critically engage the debate on how to locate the institution within the new politico-constitutional framework. This is done with the main objective of proposing an altemative to the current state of affairs vis-à-vis traditional leadership and governance in South Africa. In order to clear the ground, the study first deals with the important question of democracy in relation to the institution of traditional leadership. In this regard, the study unearthed that the institution of traditional leadership is fundamentally undemocratic in character, as it is largely based on heredity and devoid of principles of democracy such as equality, accountability, etc. In order to put matters into perspective the study also delves into the history of the institution of traditional leadership with the aim of getting to the role that traditional leaders played in various epochs of South Africa's political development. This investigation reveals that the denting of the integrity of the institution of traditional leadership began with the advent of colonialism and worsened by successive apartheid regimes. It is at these stages of development that the institution was subordinated to a higher authority that sought to use the institution as an instrument of domination and oppression of the black majority. Considering this role, it would seem that the place that the space that the institution occupies in the post-apartheid South African governance framework is a compromise. The institution plays an advisory role at all levels of government - with their houses in both national and provincial legislatures, whilst traditional leaders sit as ex-officio members on local councils. However, traditional leaders fiercely contest this position as, in their view, this limits their powers. The main argument of this study is that for traditional leaders to be given an advisory role in the current and future governance framework of the country is a step in the right direction, as that serves to insulate the institution from active politics. For that reason, the study recommends that the institution of traditional leadership should occupy a cultural space in society - meaning that it should be responsible for the preservation of African customs and culture. This, therefore, means that the institution is better-placed to advise government on cultural and customary aspects of development. Whilst playing this role, the institution of traditional leadership should also -be brought into line with democratic ways of governance