Durban — The IFP-led KwaZulu-Natal government’s push for amakhosi (traditional leaders) to sit in the municipalities’ executive committees (Exco) could pit the party against its Government of Provincial Unity (GPU) partners who frowned at the proposal, questioning its legality.
Cooperative Governance and Traditional Affairs MEC Thulasizwe Buthelezi during his meeting with mayors recently, announced that all municipalities would have to incorporate at least one inkosi to Exco so that amakhosi would have a say in the decisions that will affect their subjects.
He said it was not enough for amakhosi to sit in the councils but not in the Exco where decisions were taken. He argued that Amakhosi must be directly appointed to Exco as ex-officio, meaning one can be a member of the structure by virtue of status or position in society.
Buthelezi supported his proposal with Section 62(2) of the Traditional and Khoi-san Leadership Act no. 3 of 2019 and Section 81(11)(a) of the Municipal Structures Act, which he said provided for the Cogta MEC to monitor the implementation of the participation of traditional leaders in the municipalities.
He quoted Section 81(4)(c) of the Municipal Structures Act which he said provided for the participation of traditional leaders in the council committees.
However, the DA differed with Buthelezi on the interpretation of the clauses and called on him to clarify which law exactly was permitting inkosi to sit in the Exco without election.
DA provincial chairperson Dean Macpherson challenged Buthelezi to elaborate.
“It’s important that the MEC clarifies what he means about traditional leaders becoming members of the executive committee as this is not catered for, in chapter four of the municipal structures act as the only way you can obtain membership to Exco is through election.
“While we respect the role traditional leaders play, it must also be done within the bounds of the law to ensure we respect democratic outcomes of elections,” said Macpherson.
The ANC also questioned the rationale behind the proposal.
The party’s KZN spokesperson, Mafika Mndebele, said although his party was not against amakhosi being invited to Exco at the advisory level, he did not understand how they became members of the Exco.
Mndebele said the MEC had to remember that Exco seats were allocated proportionally based on the number of seats each party received in the council.
He said the Exco could invite amakhosi to advise it, especially in decisions that would affect their subjects but that would not mean they became members.
“Our constitution is clear that amakhosi are catered for in the council on advisory and consultative capacities but since they were not democratically elected to the councils they cannot vote, so to make them Exco members would mean that the constitution be amended.
“Being invited to make input and being a member of the structure are two different things,” said Mndebele.
Apart from pushing for amakhosi to sit in the highest decision-making structures of the municipalities, the MEC also announced that for the first time, amakhosi will be allocated budgets to manage their own traditional council matters without having to make a requisition to the department, adding that the arrangement was reducing amakhosi to beggars.
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