Assessing the Relationship between Councilors, Traditional Leaders and Society in Local Governance in Ubuhlebezwe Local Municipality

Abstract

South Africa, with its heterogeneous population, aims to promote the engagement of all citizens in governance. Section 81 of the Local Government: Municipal Structures Act (Act No. 117 of 1998) enables traditional leaders to participate in municipal councils. There has been insufficient research and established models of best practices for implementing Section 81 since the national Act was passed. Sections 152(b) and 153(a) of the 1996 Constitution outline the authorised powers of local government. These sections state that one of the objectives of local government, under council members' leadership, is to ensure sustainable services to the public. Additionally, local government is responsible for organising and overseeing the municipality's budgetary, planning, and administrative processes, particularly prioritising the needs of vulnerable citizens. Consequently, ward council members were elected in the rural districts under the jurisdiction of traditional authorities. The rights and responsibilities of elected council members are specified in Section 156 of the Constitution. The Constitution does not provide a clear definition for the role of traditional leaders, who are responsible for managing extensive areas of land and receiving compensation from the government for their role in preserving culture and customs. Hence, this research analyses the correlation between council members, traditional leaders, and society in governance to ascertain compliance with section 152 (1) of the Constitution, 1996. Additionally, it explores the possibility of formulating a constitution and a code of conduct for traditional chiefs and council members, enabling citizens to lodge complaints against the activities of these two officials if required.