PARLIAMENT OF RSA, CAPE TOWN

4 MARCH 2015

S12A NCOP BUILDING

09:30 – 13:00

PRESENTATION TO THE PORTFOLIO COMMITTEE ON SMALL BUSINESS DEVELOPMENT ON THE NHTL ECONOMIC TRANSFORMATION POLICIES / STRATEGY (BIAISED

TOWARDS SMMES AND COOPERATIVES IN AGRICULTURE

TABLE OF CONTENTS

Introduction/ Mandate General information about the NHTL Partnerships / Stakeholders Functioning of the NHTL Perspective of the National House on Economic Transformation Policies (Biased

towards SMME’s and Cooperatives in Agriculture) Support or Assistance from Traditional Leadership Annual Official Opening of the NHTL by the President of the Republic of South

Africa, His Excellency, Mr J G Zuma: 5 March 2015, Old Assembly Chamber, at 10:00

Minister Pravin Gordhan’s Gala Lunch: 5 March, Old Assembly Restaurant, at 12:30 for 13:00

Debate of the President’s Speech: 10 march 2015, Old Assembly Chamber, at 14:00 Support required by the NHTL and Traditional Leaders from the Portfolio Committee Way forwards/ Conclusion Closure

 

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MANDATE

• Constitution of the Republic of South Africa No. 108 of 1996 (Chapter 12 and Schedule 4)

• Traditional Leadership and Governance Framework Act No. 41 of 2003

• National House of Traditional Leaders Act No. 22 of 2009

• Various Acts establishing Provincial and Local Houses of Traditional Leaders

• Municipal Structures Act No. 117 of 1998 (section 81);

• Municipal Systems Act No. 32 of 2000 (sections 4, 16, 17, 18, 29 and 4229)

• Remuneration of Public Office-Bearers Act No. 20 of 1998 (sections 5, 8 and 9)

• Disaster Management Act No.57 of 2002 (sections 5 and 7), and the Disaster Management Framework

• Spatial Planning and Land Use Management Act No.16 of 2013

• Communal Land Rights Act No. 11 of 2004 (sections 1, 2 and 5 and Chapters 7 and 8)

• Intergovernmental Relations Framework Act No. 13 of 2005 (sections 6(3), 10(3), 17(3) and 25(3))

• National and provincial legislation envisaged in the White Paper and the Framework Act

• Laws regulating the judicial functions of traditional leaders

• Justices of the Peace and Commissioners of Oaths Act No. 16 of 1963

• Pieces of primary and subordinate old order legislation relating to traditional leadership, and inherited on 27 April 1994

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GENERAL INFORMATION ABOUT THE NHTL

The National House of Traditional Leaders is a statutory body established in terms of section 2 of the National House of Traditional Leaders Act, 2009 (Act No. 22 of 2009) (the Act). The National House of Traditional Leaders is composed of twenty three members, three traditional leaders are elected by their provincial houses of traditional leaders to serve in the National House. However, Gauteng has only two senior traditional leaders. Section 4 of the Act provides that where there are three or a lesser number of traditional council performing functions of a local house, the chairpersons of such traditional councils must be ex officio members of the house. In terms of section 2 of the Act, the term of the house is five years. The third session of the fifth house was reconstituted in August 2012. The current term of the house will lapse in August 2017.

In terms of the National House of Traditional Leaders Act, 2009 (Act 22 of 2009), (the Act), the National House of traditional leaders holds the ordinary meetings at least once in every quarter during the sitting of Parliament. Special meetings are held at the administrative seat of the House at the place where the head office of the department is located.

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PARTNERSHIPS / STAKEHOLDERS / FRIENDS CONTRALESA

Moral Regeneration Movement (MRM)

South African Judicial Education Institute (SAJEI)

South African National AIDS Council (SANAC)

PanSALB

CRL Commission

Commission on Traditional Leadership Disputes and Claims (CTLDC)

National Heritage Council (NHC)

South African Heritage Resource Agence (SAHRA)

Freedom Park

Government Departments

National Khoisan Council (NKC)

Commission on Gender Equality (CGE)

Municipal Demarcation Board (MDB)

Independent Electoral Commission

SAFAIDS

NICSA

SATMA Awards

Samsung Electronics South Africa

SADC Houses (Botswana, Lesotho, Zimbabwe), Regional and International Royalty

Business, Churches and Others 5

FUNCTIONING OF THE NHTL

The National House of Traditional Leaders functions in terms of Sub-Committees, which are as follows:

The Executive Committee of the NHTL

Planning and Cooperative Governance committee

Justice, crime prevention and security committee

Gender, Youth and People with Disabilities committee

Land, agriculture, rural development and tourism committee

Social Development committee

Heritage and culture committee

Chairpersons Forum and Secretaries Forum

Coalition

Other structures of the NHTL (Executive Lekgotla, Annual Conference of Traditional Leaders, Summits, and Special Task Teams)

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PERSPECTIVE OF THE NHTL ON ECONOMIC TRANSFORMATION POLICIES

Led by the Executive Committee, the land, rural development and tourism sub-committee as well as the social development committee are spearheading economic transformation related matters of the National House. The position of the NHTL on Economic Transformation Policies is as follows:

The NHTL primary objective is to shape Parliamentary Bills and other policies that have a bearing on amongst others, land and agriculture, disaster management, rural economic development, restitution of land, nature conservation and environmental affairs. The House specifically addresses the following:

• Identify and act on socio-economic issues of traditional communities in conjunction with Houses of traditional leaders.

• Contribute to the social upliftment of the traditional communities by playing a major role in initiating, assisting and participating in rural projects.

• Liaise with Government and other organizations in fighting rural poverty.• Ensure that job opportunities are created for traditional communities;• Ensure that traditional communities receive infrastructure development including Low

and Medium cost Housing• ensure that Local Economic Development, planning and other processes are

inclusive of traditional leadership• Partner with Government Departments in line with the Traditional Leadership and

Governance Framework Act of 2003. 7

SUPPORT OR ASSISTANCE FROM TRADITIONAL LEADERSHIP / SPECIFIC CONTRIBUTIONS

Basic Principles

• The allocation of land to SMMEs and Cooperatives should be done within the confines of the law.

• The principles of mutual respect should apply in the sense that consultation with the institution and all other affected parties should take place from the onset.

• Traditional Leaders have been allocating land for development projects, small scale farming in order to assist SMMEs and Cooperatives.

• Many of the existing cooperatives are found in areas of traditional leadership.

• The issue of sustainability for SMMEs and Cooperatives is the main challenge rather than land allocation

• Land allocation for SMMEs and Cooperatives is done through application for land use.

Milestones

Masibuyele emasimini, FetsaTlala, Letsema and other relevant programs aimed at developing the rural communities and turning small scale farmers into commercial farmers so as to create sustainable development in agriculture are some of the examples of projects realised through the participation and leadership of Traditional Leaders. 8

SUPPORT OR ASSISTANCE FROM TRADITIONAL LEADERSHIP / SPECIFIC CONTRIBUTIONS

Milestones

• FetsaTlala and other related projects should be spread to all rural communities.• Identifying unused land to turn it into a source of food production and availing

opportunities for SMMEs and Cooperatives.• Traditional Leaders will partner the DAFF to revive SMMEs and cooperatives in

agriculture Provincial Houses to identify land lying fallow for Agriculture and Farming, through Traditional Councils.

• Traditional Leaders to actively lead in land issues;• Revival of agricultural schools where government and business should provide

bursaries to students, e.g. Jongilize Agricultural School in Eastern cape.

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SUPPORT REQUIRED BY THE NHTL AND TRADITIONAL LEADERS FROM THE PORTFOLIO COMMITTEE ON SMALL BUSINESS DEVELOPMENT

• Engagements with DTA as the lead Department, DAFF, Sports and Recreation, DRDLR, Tourism, DWA, DTI, NLB, IDT, and other development agencies to tailor development projects aimed for rural communities in support for SMMEs and Cooperatives.

• To ensure that traditional leadership participate in programmes relating to land and its profitable use

• Mobilise Government Funding for Traditional Councils in line with the National Programme of Support for the Institution of Traditional Leadership so as to ensure adequate resources for TCs in order to deliver the work they are required to do.

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ANNUAL OFFICIAL OPENING OF THE NHTL

In terms of the National House of Traditional Leaders Act, 2009 (Act 22 of 2009), (the Act),, the President of the Republic of South Africa or a person designated by him must address the annual official opening of the House. The Annual Official Opening of the NHTL is scheduled for 5 March 2015, at Old Assembly Chamber, starting at 10:00. Guests are to be seated at 09:30

MINISTER’S GALA LUNCH

The Minister’s Gala Launch/ Dinner takes place immediately after the Annual Official Opening of the NHTL. The Minister’s Gala lunch is scheduled to take place at 12:30 for 13:00, at the Old Assembly Restaurant.

DEBATE OF THE PRESIDENT’S SPEECH

The annual address by the President to the National House of Traditional Leaders is followed by the debate of his speech in a formal sitting of the House. Subsequently, the House develops programmes in an endeavour to implement the resolutions emanating from the debate. The debate of the President’s Speech is planned to take place on 10 March 2015, Old Assembly Chamber, starting at 14:00. Guests are to be seated at 13:30

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WAY FORWARD

The Chairperson of the Portfolio Committee on Small Business Development is invited to attend the Annual Official Opening of the NHTL, Gala Lunch and the Debate of the President’s Speech on the dates and time pronounced.

A follow-up engagement with the Portfolio Committee is needed to address issues in support of Traditional Leadership as well as in support of the SMMEs and Cooperatives.

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