No1 will rid us of kings

It's the beginning of the end for our Monarchies and perhaps this will be No'1s great legacy for taking our rural subject and freeing them into the promised land. However, the only way i see this happening is if we get rid of that useless Chapter 12 from our beloved Act no108 of 1996, aka The Constitution of the Republic of South Africa. 

1. The reason i think that perhaps Chapter12 ' which is dedicated to Traditional Leaders be scrapped from the constitution is that it has lost relevance and meaning in today's society. Remember that this Chapter was only included as a "compromise consideration" during the CODESA's 2's negotiated settlement( which meant Traditional Leadership will deliver a large majority of votes from communities in exchange for FULL legitimacy and recognition in the new dispensation).

The question thus becomes - with the diminishing role of traditional leaders/communities due due urbanization - Is Charpter12 still relevant in an ever dynamically "modernized/urbanized/transformed/independent/migrating/etc" society?

2. This trend of certain key aspects within our constitution becoming marginalized is not unique to Chapter12. Lately we have seen how Charpter9 Institutions have been undermined by various organs of state and people of prominence. ie. Public Protector vs Security Cluster of Ministers or PP vs SABC; IEC Court vs Pansy Tlakula or IECCourt vs Parliament; Auditor General vs municipal Managers; The Human Rights Council's mild sting for racists transgressions and so forth(get a slap on the wrist for using the K@#A$ word).

One then foresees a situation perhaps 20years down-the-line where these institutions will be redundant and marginalized to extinction just like Chapter12s have become in the last 20years of our democracy.
3. Whether the marginalization of these institutions (CHP9&12) happens naturally(society correcting itself morally/ethically..ei Zuma deciding to pay for his own Firepool) OR by design(Government ignoring their input....ei.Zuma geeting rid of Scorpions) is irrelevant. However what's most fundamental is to recognize that a Constitution of a country needs to serve the past, present and future needs of the people of that country. Therefore a Constitution is a living document that needs to "correct"(past), "guide"(present), "pre-empt"(the future) of South Africans. 

4. Thus we need to ask if this current Constitution still serves our people in that regard. Is the role of Traditional Leaders and their powers still relevant in 2014 and beyond as outlined by the constitution? It is not unreasonable to consider the alternative especially since citing our own "Legalistic and Colonial" Master, the British United Kingdom(yes...our legislation is based on British law), has been through this process once before.

Pre 1900s the Mornachy was very central in Governing the UK, but today it has been reduced to a CSI desk of the British Government as well as a ceremonial "rubber stamp" to endorse legislation(..and maybe King Dalinyebo and Zwelithini must start learning to smile more often). 

Therefore i maintain yet again that maybe it is time to get rid of Charpter12 from our constitution and we will solve all "crimes" that are committed in the rural areas under the pretense of Traditional and Cultural Practices....and this is how i believe you preserve the integrity and character of a Cultural Traditional.            
lacrimosewolf 2014-08-11 11:18:32 PM
The whole concept of a House of Traditional Leaders flies in the face of the greatest Constitution on earth. To parody so many ANC members, in particular the greatest King we have ever seen (our President), "it cannot be". It cannot be that a woman works her entire life as a domestic, child-carer etc, puts her money into a Stokvel, goes home every chance she gets to build and furnish her house (on her own), raises her kids, her kids' kids and her kids' kids' kids, only to retire and have the headman take her house, her pension and be chased away to her 'home' because her husband is deceased/awol. Of the MANY problems with tribal vs state/constitutional law, is the arbitrariness of tribal law. Some are fair, many are sexist, greedy, cruel. And yet, under the current law, this sexism, greed and cruelty is allowed, because it is cultural tradition. South Africans have to pick one or the other. The dream of gentle co-existence went out with the homelands/bantustans. So why, in 2014 we still wish to perpetuate this layer of 'justice' is a mystery. You can be part of a union, have labour laws up the wazoo, Human Rights, EE, AAA, BEE, the Constitution BUT if it falls into 'cultural' practices, we're back in the stone-age. #1 Will never rid of us of any of this. His entire tribal life-style insists that he remain #1 otherwise he is just another African oke with a rudimentary education, 6 wives and 22 children he cannot support.
Edifis 2014-08-12 12:18:15 AM
Author - Good, well reasoned article - one could almost say written by an auditor. I believe that the system will unfortunately remain for the foreseeable future and the tax payers will unwilling have to fork up for this extremely undemocratic and dictatorial side show.
Emma Sanderson 2014-08-12 07:51:29 AM
What value do these "royals" offer? Sure the UK has royals however they earn their keep, they have full engagement schedules throughout the year and bring in millions if not more in tourist revenue. No one is exactly visiting SA for our royals. I am all for people honouring their traditions and culture however the royals upkeep should be voluntary for e.g. all Zulu's wishing to support their king can donate their own money. I do not live in Natal and let's not forget Dingaan sold a lot of it so why should we support the king? It is a complete waste of the tax payer's money that the Zulu king wants yet another palace for yet another wife whilst school children don't have decent schools, people are homeless and hospitals don't have the life saving equipment required. Sangomas should not be allowed to practice because they are responsible for muti killings and sadly people being duped into wasting money they don't have for example those miners thinking they would be invisible? Tribal law is nonsense you cannot have tribal law and the law. It is time for the women of Africa to stand up against sexist nonsense that should be outlawed. These are surely human rights violations.
Julian Edward Frost 2014-08-12 08:00:18 AM
"Pre 1900s the Mornachy was very central in Governing the UK..." Actually, even before the 1900's, the role had become largely ceremonial.
Johnny B Goode 2014-08-12 09:35:50 AM
Very well put, two thumbs up!
Ulundi 2014-08-12 11:02:43 AM
1660 ... Charles II became England's first constitutional monarchy - 99% of authority ceded to parliament