Limpopo Provincial Government hosted its first ever dialogue with traditional leaders

Making history in the province since the 7th administration took over office, the provincial government held its first ever government and traditional leaders two-day dialogue in the Waterberg District on the 24th and 25th of October . The dialogue brought together the Executive Council and Traditional Leaders under one roof to deliberate on matters affecting Traditional leaders community in the Province.

Limpopo is one of the provinces that are 80% rural. With the issue of land occupancy being under Traditional leaders administration, interaction between government and the traditional leadership sector to look for solutions to the issue of land tenure has been one of the priorities of the provincial executive. The session led by Premier Dr Phophi Ramathuba aimed at creating a platform to strengthen the relationship between government and traditional leaders on how to effectively resolve leadership disputes, especially those relating to succession and, having control of who occupies their land and initiation schools.

When addressing the traditional leadership, Dr Ramathuba said this was just the beginning of many more engagements by the provincial government to form collaboration with the traditional leadership in the role that they play in preserving wisdom of cultural identity that will be passed through to future generations.

“This retreat dialogue serves as a platform to unite the custodians of our rich heritage, creating a vital space for open dialogue on the pressing issues that impact our traditional leadership and the communities they serve, traditional leadership is the cornerstone of our cultural heritage identity and continuity in our society,“ said Dr Ramathuba

Traditional leadership in rural provinces like Limpopo continues to play an important role in governance through allocation of land, issuing of permission to occupy and resolving disputes.

As of October 2024, Limpopo Office of the Premier (OTP) has recorded 835 cases with 565 in the courts for litigation.

With the high number of traditional dispute recorded cases, the Premier pleaded with traditional leaders that after the two day engagement, and deliberating on their role in their communities, traditional leaders must abide by the rules guiding the process of succession and governance making reference to the ongoing court battle of the Balobedu queen on who is the right person to ascend to the throne of the “Rain Queen”.

Giving insight on the status of disputes between traditional leaders, the Legal Manager at the OTP Ms Ndivhuho Thavhana painted a picture that 90% of the litigation cases attended to by state legal advisors in the Office of The Premier is litigation between traditional leaders, which also includes disputes in respect of traditional leaders and the initiation schools.

Thavhana presented a recent Constitutional Case Law Chief Avhatendi Ratshibvumo Rambada and others v Tshibvumo Royal family and other(2024) ZACC15 which set a presidency that, a Headman or Headwoman does not have a Royal Family that appoints them. It is the Royal Family of the Senior Traditional Leader under whom the Headman or Headwoman serves that appoints the Headman or Headwoman.

OTP legal services advised Traditional Leaders during the dialogue to first try to resolve disputes with the Royal Family before resorting to the courts as the litigation process prolongs the outcome of the dispute.

Judge President of the Limpopo High Court Division George Phatudi spoke on issues affecting operations of Traditional Leaders which will be addressed by Traditional Courts Act 9 of 2022 as soon as it is signed into law by the president of the country. The bill will ensure that traditional courts restore dignity of traditional leaders for as long as their procedures are in line with the constitution of the republic.

Phatudi shared with traditional leaders on how the Polokwane High Court is inundated by applications from traditional leaders and headmen loggerheads of who should be granted permit for the establishment of initiation schools issued by the Office of The Premier in preparation for the initiation period.

“These applications before the court affect the initiation periods because there are number of things that should be granted by the permit such as medical doctor, qualified traditional surgeon and South African Police Service.

The Judge President also revealed that he is the chairperson of the Traditional Committee established by the Office Of The Chief Justice during the meeting that was held on the 27th of September 2024 .

Phatudi urged Traditional Leaders to always apply the law when having disputes and to reminded them to know who occupies their land. This comes at the backdrop that illegal immigrants have occupied tribal land and running spaza shops business that are currently in the spotlight for allegedly selling poisonous food to communities and children falling victim of deadly snacks bought at these spazas.

At the end of the two days progressive dialogue, chairperson of the Limpopo House of Traditional and Khoi-San Leaders Hosi Ngove appreciated the provincial government for the initiative especially with the new developments of having traditional courts operational in the new future. EC