Traditional governance: New forms of old power in mining

“On the platinum mining belt…traditional leaders have the power to enter into mining deals, ostensibly on behalf of communities. When the communities these leaders purport to represent have little say in the nature of the deals, or how the spoils are shared, and are unable to hold the leaders to account, the result is deep dissatisfaction and even violence. The ‘traditional leader takes all’ situation has been created by the failure of the state to transform apartheid-era community structures, combined with the cavalier attitude of mining companies towards communities.” These excerpts from a special issue of the South African Crime Quarterly (SACQ) set the perfect tone for an upcoming seminar that will address this complex problem. It should be a “must attend” for all stakeholders in the mining industry – particularly those focused on the North West. – GK

Johannesburg, 23 October 2014: BizNews

Communities affected by platinum mining find themselves caught up in the tensions created by unaccountable traditional leaders, the failure of the state to respond to pleas for intervention, and cavalier attitudes by mining companies, says the Institute for Security Studies (ISS).

Proceeds that should be going towards the development of communities whose land is being mined are being mismanaged. Legislation to democratise traditional leadership and create accountability have largely failed. Courts of law have repeatedly punished rural citizens trying to get traditional leaders to account to their communities in the North West.

It is against this background that the ISS, the Nelson Mandela Foundation and the Centre for Law and Society at the University of Cape Town will jointly host a seminar next month to launch a special issue of the South African Crime Quarterly (SACQ) focused on corruption, impunity and violence in mining-affected communities in the North West province.

Articles in the special edition reveal the extent to which the promise of the democratisation of rural South Africa in the 1990s has turned to bitter disappointment for residents of mining areas in North West Province which, as elsewhere in South Africa, are fraught with tensions.

They point out that the time is ripe for a serious debate about the role of chiefs in local governance. Twenty years into democracy, the jostling for position, influence, resources from the state and proceeds from commercial activity on communal land has brought us to a place where mismanagement, maladministration and corruption are rife. Checks and balances are failing.

Furthermore, the Nhlapo Commission has not resolved who is a legitimate customary leader, and who is not. The democratisation of ‘traditional councils’ has been a failure. The result is that the people in affected communities are increasingly frustrated and see their only option as resorting to illegal and often violent protest action, since all other avenues have failed to resolve their concerns.

Urgent action is required on the part of government to set a new course.

The seminar will take place from 10:30 to 12:30 on 6 November at the Nelson Mandela Foundation, 107 Central Street, Houghton, Johannesburg. It will be chaired by Dr Mbongiseni Buthelezi, University of Cape Town.

The speaker lineup is:

• David Pheto, member of the Bakgatla-ba-Kgafela community
• Wilmien Wicomb, Attorney, Constitutional Litigation Unit Legal, Legal Resources Centre
• Sonwabile Mnwana, Researcher in the Mining and Rural Transformation in Southern Africa (MARTISA) project, Society Work and Development Institute (SWOP), University of the Witwatersrand.