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Abstract:
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"Against the background of rural local governance that was dominated by apartheid created authoritarian Tribal Authorities, the post- 1994 South African state has committed itself to the establishment of an accountable, democratic and effective form of governance throughout the country, including rural areas falling under the jurisdiction of traditional authorities (chiefs of various ranks). However, I argue that the promulgation of the Traditional Leadership and Governance Framework Act and the Communal Land Rights Bill (CLRB) runs the risk of compromising this project. The Framework Act establishes traditional councils which are dominated by unelected traditional authorities and their appointees, while the CLRB gives these structures unprecedented powers over land administration and allocation. This raises, I argue, serious questions about the meaning of democracy and citizenship in post-1994, in particular for rural people. Rural citizens do not seem to enjoy the same rights as their urban counterparts who elect their leaders. Against the background of rural local governance that was dominated by apartheid created authoritarian Tribal Authorities, the post-1994 South African state has committed itself to the establishment of an accountable, democratic and effective form of governance throughout the country, including rural areas falling under the jurisdiction of traditional authorities (chiefs of various ranks). However, I argue that the promulgation of the Traditional Leadership and Governance Framework Act and the Communal Land Rights Bill (CLRB) runs the risk of compromising this project. The Framework Act establishes traditional councils which are dominated by unelected traditional authorities and their appointees, while the CLRB gives these structures unprecedented powers over land administration and allocation. This raises, I argue, serious questions about the meaning of democracy and citizenship in post-1994, in particular for rural people. Rural citizens do not seem to enjoy the same rights as their urban counterparts who elect their leaders."
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