The Role of the Royal Family in Transforming the Institution of Traditional Leadership in South Africa
DOI:
https://doi.org/10.25159/2520-9515/15117Keywords:
Customary law, traditional leaders, royal family, transformation, gender equalityAbstract
This article focuses on the institutional role of the royal family in the promotion of the transformative aspirations of the new dawn of democracy, particularly the right to gender equality within the institution of traditional leadership. The article argues that the royal family is foundational to the regulation of traditional authority regarding the pursuit of the principles of non-discrimination to ensure the preservation of the identity of the institution of traditional leadership. The argument is limited to the institution that follows the patriarchal system of governance with ascension to the throne that is restricted to males only and not on matrilineal systems, regency, or any other leadership position that is available within the institution. The focus is triggered by the constitutionalised status of customary law that has subjected the institution of traditional leadership under intense constitutional scrutiny for its compliance with the transformative ideals of the constitutional dispensation. Such scrutiny is grounded by the Constitution, 1996 which is contextualised by the adoption of the Traditional Leadership and Khoisan Act 3 of 2019 (National Act), which gave the institution affirmative responsibilities to promote principles of equality and non-discrimination. This role is of keen interest, particularly with the judicial developments that have opened opportunities for women within royal households to ascend to the throne. These opportunities then raise a question regarding the preservation of the institutional identity of the traditional community.
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Cases
Alexkor v Richtersveld Community 2003 (12) BCLR 1301 (CC).
Bhe v Khayelitsha Magistrate 2005 (1) BCLR (CC).
Bhekuzulu v President of the Republic of South Africa 2024 (1) All SA 662 (GP).
Certification of the Republic of South Africa Constitution 1996 (10) BCLR 1253 (CC)
Dawood v Minister of Home Affairs 2000 (8) BCLR 837 (CC).
Investigating Directorate: Serious Economic Offences v Hyundai Motor Distributors (Pty) Ltd, 2000 (10) BCLR 1079.
Leboho v Premier of the Limpopo Province (37898/07[2011] ZAGPHC 22.
Mahonisi v Premier of Limpopo 1366/2017.
Maxwele Royal Family v Premier of the Eastern Cape 2021 (2970/2020) ZAECMHC 10.
Mphephu v Mphephu-Ramabulana 2019 (7) BCLR 862 (SCA).
Oudekraal Estates (Pty) Ltd v City of Cape Town 2004 (6) SA 222 (SCA).
Premier of the Eastern Cape v Ntamo 2015 (6) SA 400 (ECB).
Shilubana v Nwamitwa 2008 (9) BCLR 914 (CC).
South African Police Services v Solidarity obo Barnard 2014 (10) BCLR 1195 (CC).
Thulare v Thulare 2022 (8767)/2021ZALMPPHC 53.
Legislation
Constitution of the Republic of South Africa 1996.
Convention on the Elimination of Unfair Discrimination Against Women, 18 December 1979.
Eastern Cape Traditional Leadership and Governance Framework Act 1 of 2017.
Limpopo Traditional Leadership Act 6 of 2005.
Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000.
Traditional Leadership and Khoisan Act 3 of 2019.
Universal Declaration of Human Rights, 10 December 1948.
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Accepted 2024-04-08
Published 2024-05-30
