After an extended period of apartheid and its inherent ills, the first democratic elections were finally held in 1994 in South Africa. Major changes in governance issues had to be effected in order to improve the well-being of millions of South Africans living in abject poverty. One of the major structural changes made by the democratic government with regards to governance was to introduce a threesphere governmental structure comprised of national, provincial and local spheres. Through the system of intergovernmental relations and cooperative governance, powers and functions of the three spheres are defined as well as the inter-relationship between them. Local government has been identified as the sphere closest to the people and therefore critical to service delivery. Over the last five years, local governance issues have been receiving increasing attention as it has been realized that in order for the government to improve human well-being, local governments have to be efficient and competent. However, there is an impasse within the sphere of local government which is posing a serious challenge to service delivery, especially in rural areas. This impasse is related to roles and responsibilities of traditional leadership vis-a-vis municipal councillors. This problem is more noticeable in the former homeland areas where considerable power used to be in the hands of traditional leaders during the apartheid era. This study used case study evidence from the Department of Social Welfare and Population Development led poverty alleviation project, the Imbothimuni Flagship Programme, to investigate the role of Environmental Impact Assessment (EIA) as a catalyst for improving the state of intergovernmental relations and cooperative environmental governance. The project was implemented in the rural village of Imbothimuni at Mid-Illovo in KwaZulu-Natal. The findings of the study showed that there remains a lack of cooperation between traditional leadership and municipal councillors. The democratic government's initiatives to strengthen local government and enhance service delivery are not realized where there are conflicts and ambivalence over who should exercise the leading role in rural development. A myriad of legislative provisions have been drafted to legitimize the institution of traditional leadership, but they still fail to provide a legislative framework within which traditional leaders and municipal officials can cooperate. As a result of this lack of cooperation, developmental imperatives continue to be compromised and environmental degradation persists. The in-depth analysis of the legislative provisions relevant to traditional leadership shows that the government has resolved to legitimize the institution, in spite of the controversial debate on this notion. What is needed as a matter of urgency is a succinct legislative framework within which traditional leaders and municipal councillors can operate without conflict. The study revealed that the role of EIA in bringing together stakeholders, including traditional leaders and municipal councillors, is invaluable. The study also revealed that there is an urgent need for environmental awareness campaigns aimed at municipal officials, grass roots communities and most importantly, the traditional leaders. / Thesis (M.Sc.)-University of KwaZulu-Natal, Pietermaritzburg, 2006.

The purpose of this study was to examine aspects of rural local governance within the democratic local government system in the Umgungundlovu, Umzinyathi, Uthukela and Amajuba districts of KwaZulu-Natal. This study could feed into the management and policy making systems of the Department of Local Government and Traditional Affairs of the Province. It would also inform a practical traditional administration centre model. It also intends to provoke a debate on issues of rural local governance in particular within the democratic local government system in South Africa. The study looked at the evolution of the institution of traditional leadership over the years. Policy issues with regard to the functioning and structuring of traditional leadership institutions in local governance were used as a basis for this discussion. Different items of legislation relating to local government and traditional leadership in South Africa generally and in KwaZulu-Natal in particular were analysed to give insight into the issues of rural local governance. It was found that traditional leaders have always worked hand in hand with government and that the government has and still is making deliberate efforts to keep traditional leadership under its control by paying their salaries and controlling all processes and systems in the functioning of traditional authorities. National and Provincial policies were found to be giving government (both National and Provincial) too much discretionary powers regarding the roles and functions of traditional leaders. The KwaZulu-Natal Department of Local Government and Traditional Affairs (DLGTA) had transformed tribal courts into Traditional Administration Centres (TACs) in line with the government's call to bring government services closer to the people. There are sixty four TACs in the Umgungundlovu, Umzinyathi, Uthukela and Amajuba districts of KwaZulu-Natal. This study reviews the level of functionality of these TACs over a period of 6 months. The activities of all TACs were monitored and recorded daily for the duration of the study. The study revealed that the TACs were generally not being used to their full potential. A combination of well equipped centres coupled with motivated and committed support staff is crucial for the effective functioning of TACs. The study also looked at different community centre models and compared them with the traditional administration centre model to help develop a practical traditional administration centre model. The study further recommends that TACs be linked to the Multipurpose Community Centres (MPCCs) either as extensions or satellites thereof. In terms of ownership, it is recommended that TACs be handed over to the local municipalities in order to ensure proper maintenance and sustainability thereof. As part of rural local governance, the study also investigated synergistic partnerships between the institution of traditional leadership and municipalities. This was done through focus group discussions with government officials, traditional councils, municipal councillors and community members. The focus group discussions also revealed the level of understanding on the roles of traditional councils and municipal councillors by different groupings i.e. government officials, traditional councils, municipal councillors and community members. The study concludes that conflict between traditional leaders and municipal councillors is inevitable and that it is difficult but not impossible to form functional linkages between the two. South Africa has seen remarkable improvements in the transformation of the institution of traditional leadership in terms of composition, functions and legal manifestations. There is a reasonable understanding on the roles of municipal councillors but traditional councils seemed not to be clear about their roles and policy issues in general. Many subjects believed that direct intervention by National and Provincial governments was desirable if sound local governance was to be attained. The study also recommends that agency agreements be entered into between traditional councils and municipalities and between traditional councils and provincial governments to allow traditional councils to perform certain functions on behalf of government departments and municipalities. / Thesis (Ph.D.)-University of KwaZulu-Natal, Pietermaritzburg, 2008.