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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.
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/
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.
