No abstract available. / Thesis (M.T.R.P.)-University of Natal, 2000.

<p>The subject of this research paper is the analysis of the recent national and provincial legislation on traditional leadership. Within the new constitutional dispensation the legislature had to retain traditional leadership pursuan to Chapter 12 of the Consstitution of the Republic of South Africa, 1996. It was unclear how to change institutions that are based on customary / aw at the same time, recognize them as they are. The legislative branch of government provided its answer through the national and provincial Acts. Precisely the answer forms part of the research paper.</p>

<p>The subject of this research paper is the analysis of the recent national and provincial legislation on traditional leadership. Within the new constitutional dispensation the legislature had to retain traditional leadership pursuan to Chapter 12 of the Consstitution of the Republic of South Africa, 1996. It was unclear how to change institutions that are based on customary / aw at the same time, recognize them as they are. The legislative branch of government provided its answer through the national and provincial Acts. Precisely the answer forms part of the research paper.</p>

Thesis (M.A.)--Ohio University, June, 2008. / Title from PDF t.p. Includes bibliographical references.

Thesis (Ph. D.)--Oregon State University, 2008. / Printout. Includes bibliographical references (leaves 233-246). Also available on the World Wide Web.

The failure of democracy in Africa can be partially attributed to the Eurocentric assumptions that belie Western recommendations for Africa. This thesis focuses on the failure of the modernisation school to account for the resiliency of tradition in the modern African state, which is described by Sklar (1991) as amounting to a form of 'mixed government', combining the traditional with the modern to create a uniquely African form of governance. This notion of a 'mixed government' is addressed from the vantage point of traditional leaders in the Eastern Cape. It maps the vacillating relationship between the chiefs, the people and the government through colonialism, Apartheid and democratisation. It concludes that although the Eastern Cape provincial government has subordinated the chiefs, this does not signify a victory for modernity over tradition because the chiefs are not a spent force. History has shown that when the government fails to act in the interests of the people, they seek an alternative authority namely, the chiefs. The ANC government's centralising tendencies have negative implications for democracy and consequently for the people. This opens up space for the chiefs to assert themselves provided they play an active role in furthering democracy, development and modernisation in the interests of the people. Hence, although ' mixed' government in the post-1996 South Africa is currently on the ANC's terms, traditional leaders may someday play a vital role in the modern democratic state.

Masters in Public Administration - MPA / This research report examined the implementation of villager self-governance in China, of which the election of village leader is the most distinct feature. Unlike previous studies of village self-governance, which focused on policy intentions of the Chinese leadership or the speculation of scholars about what may happen, this study attempted to examine whether or not the elections are competitive and what the consequences of self-governance are. / South Africa

This study looks into the role of the institution of traditional leadership in post-apartheid South Africa. It seeks to critically engage the debate on how to locate the institution within the new politico-constitutional framework. This is done with the main objective of proposing an altemative to the current state of affairs vis-à-vis traditional leadership and governance in South Africa. In order to clear the ground, the study first deals with the important question of democracy in relation to the institution of traditional leadership. In this regard, the study unearthed that the institution of traditional leadership is fundamentally undemocratic in character, as it is largely based on heredity and devoid of principles of democracy such as equality, accountability, etc. In order to put matters into perspective the study also delves into the history of the institution of traditional leadership with the aim of getting to the role that traditional leaders played in various epochs of South Africa's political development. This investigation reveals that the denting of the integrity of the institution of traditional leadership began with the advent of colonialism and worsened by successive apartheid regimes. It is at these stages of development that the institution was subordinated to a higher authority that sought to use the institution as an instrument of domination and oppression of the black majority. Considering this role, it would seem that the place that the space that the institution occupies in the post-apartheid South African governance framework is a compromise. The institution plays an advisory role at all levels of government - with their houses in both national and provincial legislatures, whilst traditional leaders sit as ex-officio members on local councils. However, traditional leaders fiercely contest this position as, in their view, this limits their powers. The main argument of this study is that for traditional leaders to be given an advisory role in the current and future governance framework of the country is a step in the right direction, as that serves to insulate the institution from active politics. For that reason, the study recommends that the institution of traditional leadership should occupy a cultural space in society - meaning that it should be responsible for the preservation of African customs and culture. This, therefore, means that the institution is better-placed to advise government on cultural and customary aspects of development. Whilst playing this role, the institution of traditional leadership should also -be brought into line with democratic ways of governance.

It is the objective of this treatise to highlight and demonstrate the role that can be played by Traditional Leadership Institutions in the development of their communities, demonstrate and advance the extent to which they can enhance their image and restore their dignity by embarking on community development projects that will improve the quality of life of their subjects in their jurisdictional areas. However, as the number of Traditional Leadership Institutions that can be investigated and researched was so large, it became necessary to focus attention primarily on the Rharhabe Kingdom with its seat and headquarters at Mngqesha Great Place in King William’s Town. The Mngqesha Great Place, the seat of the Rharhabe Kingdom is a typical example of a Traditional Leadership Institution selected from the six existing Eastern Cape Provincial Kingdoms. Attention is invited to the following fields which had to be explored since they serve the basis for the evolution of Traditional Leadership Institutions in South Africa. A historical background to Traditional Leadership and Governance in South Africa and the Eastern Cape provides some key issues of governance, management and administration, position, place and status of the institution during the pre- colonial and colonial periods, the period under apartheid rule, the independence period of the former homelands of Ciskei and Transkei territories with reflections on Tribal and Regional Authorities and Local Government Bureaux. A synoptic perspective of the effect of changes on the functioning of the Institution of Traditional Leadership is provided in some detail. This part is concluded with a brief history of the Rharhabe Kingdom. An overview of Traditional Leadership and Governance in the new South Africa since 1994 to date indicates the recognition and important role that Traditional Leadership Institutions can play. In this regard, there is policy and legislation that is in place on Traditional Leadership and Governance with a clear vision for implementation. Since 1994, there are many initiatives that have been undertaken by government in creating and maintaining an enabling environment for the efficient management and administration of the institution, transfer payments for different projects like funding the building of various Great Places and Provincial Policy Initiatives on Traditional Leadership and Governance. Institutional arrangements for Traditional Leadership Institutions reflect on the hierarchy of Traditional Leadership, for example, the position of the King as head of a Regional Authority (Ikomkhulu), the Chiefs under Kings as Heads of Traditional Authorities (Inqila) and Headmen as heads of the various Administrative Areas (locations). In order to give meaning to Government’s recognition of the Institution of Traditional Leadership, to enhance the institution and give it a role at the National, Provincial and Local levels, the government has established a National and Provincial Houses of Traditional Leaders with clear roles and responsibilities and provision for accountability of Traditional Leaders and structures. Regarding the role of Traditional Leadership Institutions in Governance and Development, it is clear that over many years, these institutions performed various governance functions. The policy framework on Traditional Leadership and Governance besides legislation specifies the duties and functions of these entities. With regard to the King Sandile Development Trust and its role in community development, the research reveals visionary leadership on the part of the Kingdom, with the Trust, since its establishment in 1999 being at the centre of all development initiatives at the Great Place besides government initiatives. The King Sandile Development Trust is therefore a legal entity established and funded in terms of law. It has its constitution, vision and clear objectives, procedural arrangements on administration, management and financial arrangements. The development role of the trust is reflected in the Queen’s Programme of Action and Implementation, headed by the Queen mother, Queen Noloyiso Sandile, the wife of His Majesty King Maxhobayakhawuleza Sandile. Besides, there are established tourism chalets providing not only revenue but also employment opportunities to many local subjects of the Kingdom. Finally, the treatise concludes with some general conclusion and recommendations and challenges that demand that traditional leaders be appropriately trained, its institutions adequately resourced, appropriately run and administered based on the need to account publicly on their performance.

The study looks at the main features of African indigenous law of succession and inheritance in Zimbabwe. It draws a distinction between the forms of inheritance practised between the two major ethnic groups, the Shona and the Ndebele. Whilst the research was mainly aimed at these two groups an investigation into inheritance practice by the South African Zulu and Xhosa counterparts was also made. An investigation into the impact of western influence on succession and inheritance was made taking a look at colonial legislation and case law, the general deduction being that it was a vehicle for attaching customary law to a western type law. After independence there was the issue of the impact of constitutionalism and international human rights law on succession in post colonial Zimbabwe. These were tools for change by bringing in notions of equality between men and women, issues that were highlighted in the cornerstone case of Magaya v Magaya, which was in turn discussed in the light of the Mthemu v Letsela and Bhe trilogy of cases in South Africa. In the final chapter there is a discussion of possibilities of reform and the future of customary law in Zimbabwe the highlight here being conducting proper legal research to ascertain the true purpose of custom.