Participation of Traditional Leadership on Spatial Planning and Land Use Management Matters in the Mpumalanga Province Republic of South Africa Simanga Acron Nkosi Mini-dissertation submitted in partial fulfilment of the requirements in respect of the degree Master of Urban and Regional Planning • in the Department of Urban and Regional Planning Faculty of Natural and Agricultural Sciences at the University of the Free State January 2016 Supervisor: Professor V.J Nel DECLARATION I declare that the coursework master's degree mini-dissertation that I herewith submit for the master's degree qualification Master of Urban and Regional Planning at the University of the Free State is my independent work, and that I have not previously submitted it for a qualification at another institution of higher education. Information from various sources and other writers used for the purpose of the research report has accordingly been acknowledged. I hereby declare that I am aware that the copyright is vested in the University of the Free State. I hereby declare that all royalties as regards intellectual property that was developed during the course of and/or in connection with the study at the University of the Free State will accrue to the University. Participation of traditional leadership on spatial planning and land use management in the Mpumalanga Province ii ACKNOWLEDGEMENTS First of all I would like give thanks and prays to God almighty for the strength during difficult and trying times. I would also like to extend my gratitude, my honour and my appreciation to my Mentor and Study Leader, Professor V.J Nel, University of the Free State who has been the source of inspiration and a motivator; the foot prints of her academic leadership and guidance will live for long. I would like to express my appreciation to the staff of Urban and Regional Planning; in the University of the Free State for their tireless assistance, always available for assistance. I would like to express my appreciation to Mr S.T Masuku as my local (Nelspruit) mentor for encouragement and guidance during the period of the research. I would also like to give thanks to my family for understanding, support and prayers. I would like to give thanks to Ms D du Plessis; Technical Editor, for encouragement, editing the document and technical advice. I would like to give thanks to my Colleagues at work DRDLR for affording me an opportunity to acquire knowledge in planning and for providing assistance in terms of maps and information about rural development. Lastly I would like to give thanks to my UFS Colleagues, always inspiring. Participation of traditional leadership on spatial planning and land use management in the Mpumalanga Province iii I TABLE OF CONTENTS II DECLARATION .................... .. .............................................................. ..... ...... ............................ 11 ACKNOWLEDGEMENTS .... ............ .......................................................................................... 111 TABLE OF CONTENTS .................................... ............................. ...... ...................................... IV LIST OF TABLES ................................................................................ ...... ...... .......................... VII LIST OF FIGURES .............. ..................................... ................................. ..... .......................... VIII LIST OF ACRONYMS AND ABBREVIATIONS ...... ................................................................... IX GLOSSARY OF TERMS .... .................... ...... .... ............ .............................................................. X ABSTRACT ............................. .. ...... ..... .................. ................................................................... XII CHAPTER 1 INTRODUCTION ... .............................. ....... ..... ....... .......... .................................. ...... 1 1.1 BACKGROUND ............ ...... .................. ............................................................................................... 1 1.2 PROBLEM STATEMENT ................................. ......... .... .. .................................................................... 8 1.3 RESEARCH QUESTION .............. .. ............................................................. ...... ........... .. .......... .......... . 9 1.4 RESEARCH OBJECTIVE ......... .. ......................................................................................... .... ........... 9 1.5 RESEARCH METHODOLOGY ......... ... ...... .............................................. .................... .................. ... 10 1.6 DELINEATION OF THE STUDY AREA ...................................................................................... .... .. 11 1.7 RATIONALE OF THE RESEARCH .............. ........................................... ........ .. ............ ................... 13 1. 7 .1 Relevance of the study ......... ............ .............................................................................. ..... ... . 13 1.7.2 Significance of the study .................. ..................................................................... ........... ... ... . 14 1.7.3 Parameters of the research ................................................................. .................................. . 14 1.8 STRUCTURE OF THE REPORT ................................................................... ........ ........................... 15 CHAPTER 2 LITERATURE REVIEW AND CONCEPTUAL FRAMEWORK .............................. 16 2.1 INTRODUCTION ... ... ......................................................................................................................... 16 2.2 TRADITIONAL LEADERSHIP ........................................................................................................... 16 2.2.1 Definition of traditional leadership .................................... ................. ............ ........ ........ .......... 16 2.2.2 Characteristics of traditional leadership ............ ..................................................................... 17 2.2.3 Background of traditional leadership .................................. .................................................... 18 2.2.4 The role of traditional leadership on land matters .................................................................. 20 2.3 THE RELATIONSHIP BETWEEN TRADITIONAL LEADERSHIP AND LOCAL GOVERNMENT 20 2.3.1 Introduction .. ...... .......................................................... ............................................................ 20 2.3.2 Areas of conflict between the two authorities .............................................................. .. ......... 21 2.3.3 Instances of collaborative relationship ........................ .......................... .. ............................ .... 22 2.4 POLICY REVIEW ON TRADITIONAL LEADERSHIP AND MUNICIPALITIES .............................. 23 2.4.1 The Constitution of the Republic of South Africa, Act 108 of 1996 ....................................... 23 2.4.2 Traditional Leadership and Governance Framework Act, Act 41 of 2003 ............................ 23 2.4.3 The White Paper on Spatial Planning and Land Use Management, 2001 ......... .. ... ............. 23 2.4.4 Local Government: Municipal Systems Act, Act 32 of 2000 .... ...... ... ..................................... 24 2.4.5 Local Government: Municipal Structures Act, Act 117 of 1998 .. .................... .. ... .................. 24 Participation of traditional leadership on spatial planning and land use management in the Mpumalanga Province iv 2.4.6 Spatial Planning and Land Use Management Act, Act 16 of 2013 ........................... ............ 25 2.4.7 Regulations in terms of the Spatial Planning and Land Use Management Act, 2015 ........ .. 25 2.5 CONCEPTS AND THEORY OF LAND PLANNING ........ ................................................................ 26 2.5.1 Introduction ................ ........ ... ........................................ ...... ..................................................... 26 2.5.2 History of planning ........ ... ...... ......... .................................. .................................. ... .................. 26 2.5.3 Theory of planning ................ .. .. ....... ...... ... ... ... ......................... ... ... ... ...... ................................. 28 2.6 CONCLUSION .. ......................................... ............ ... ... ... ... ...... ... ... ........ .. ... .................. ....... ... ... ........ 30 CHAPTER 3 METHODOLOGY ......................................... ...................... ...... ....................... ....... 32 3.1 INTRODUCTION ...................................... ..... ........................... ............... ......... ................... .............. 32 3.2 RESEARCH DESIGN ................................ ...................... ... ............................................................... 32 3.3 RESEARCH METHODOLOGY ..... ... ... ........... ............................................. .. ....... .. ...... .................... . 33 3.4 DAT A COLLECTION ..... ............... ... .................... .. .. ..... .................................................... .......... ....... 35 3.4.1 Primary data collection ................................ ...................... .... .................................................. 35 3.4.2 Secondary data collected ............. ................................ ... .......... ................................. ... .......... 38 3.5 ANALYSIS OF DATA ......................................................................................................................... 38 3.6 CONCLUSION .................................................. ... .............................................................................. 38 CHAPTER 4 DAT A ANALYSIS .................................................................................................. 40 4.1 INTRODUCTION ...... .... ... ....... .. ... ... ..... ........... .. ... ... ...... ....... .. ........ ................................ ....... ....... .. .... 40 4.2 INTERPRETATION OF DATA FROM QUESTIONNAIRES .. .. .................. ............................ .......... 41 4.2.1 Traditional authorities' cadastral boundaries and land issues ..................................... ...... .... 41 4.2.2 Establishment and extending settlements in areas of traditional authorities ........................ 41 4.2.3 Upgrading of land tenure in areas of traditional authorities ............................................... .... 42 4.2.4 Land uses and land demand in areas of traditional authorities ....... .... .................................. 42 4.2.5 Challenges faced by traditional councils .................... .. ........ ............................................ ...... 43 4.2.6 Land allocation in areas of traditional authorities ........................ .......................... ....... .......... 43 4.2.7 Improving the level of communication between traditional councils and municipalities ....... 47 4.2.8 Understanding of traditional councils about the constitutional and legislative mandate of municipalities on spatial planning, land use and land development... ................ ... ................ 47 4.2.9 The level of consultation and engagement of traditional authorities in the compilation of municipal Integrated Development Plans ............ ..... ................... ... ... ... ... ... ... ... ....... .. ...... ....... 48 4.2.1O The level of consultation and engagement of traditional councils during the compilation and implementation of municipal policies on spatial planning, land development and land use schemes ............................ ... ......... .......................................................................................... 49 4.3 ANALYSIS OF MUNICIPAL INTEGRATED DEVELOPMENT PLANS IN RELATION TO TRADITIONAL LEADERSHIP ..... .............. ................................................... ..................... ................ 50 4.4 CONCLUSION ..... ...................................... ...... .......................... .. ...................................................... 52 CHAPTER 5 FINDINGS ......... .................. ....... .......... ....... .... ............ .... ...... ...... ............ ...... ..... .... 53 5.1 INTRODUCTION ............... ..... ...................................................................... ..................................... 53 5.2 CONCLUSION ...................................... ... .................................................................... ..... ........... ...... 60 CHAPTER 6 CONCLUSION .. .................. ............................................ .. ..................................... 61 6.1 INTRODUCTION ...... .... ............ ...... ..... ..... ..... ...... ....... ... ... ...... ................................... ................... ..... 61 6.2 SUMMARY OF THE REPORT ..... ................................................... ... ... ... ....................... .......... .. ...... 61 Parlicipation of traditional leadership on spatial planning and land use management in the Mpumalanga Province v 6.3 FINDING AND OUTCOMES OF THE RESEARCH .. ... ................... .. .... ........................................... 62 6.4 RECOMMENDATIONS ................................................................................................... ............. ..... 64 6.5 RECOMMENDATIONS FOR FURTHER STUDIES ........................................................................ 65 6.6 CONCLUSION ................................................................................................................................... 65 REFERENCES ......................................................... .................................. ...... ................. ...... . 66 APPENDIX A QUESTIONNAIRE FOR TRADITIONAL LEADERSHIP ... ................................... 72 APPENDIX B QUESTIONNAIRE FOR MUNICIPAL OFFICIALS ............................................... 80 APPENDIX C EXAMPLE OF PROOF OF PAYMENT TO TRADITIONAL AUTHORITIES ........ 88 APPENDIX D WAGON WHEEL ................. ............... ......................... ..... ............................ ........ 91 Participation of traditional leadership on spatial planning and land use management in the Mpumalanga Province vi LIST OF TABLES Table 1.1: Traditional councils in the Mpumalanga Province listed per local & district municipalities 12 Table 4.1: Summary of fees charged by traditional councils for land allocation in the Mpumalanga Province grouped per municipality .. .... ... ... .. ... .... ............ ...... ......... .. .... .... ......... .. ....... .. ...... .45 Table 5.1: Summary of responses from the primary source of data ................ ...... .... .. ..... ....... ........... 53 Table 5.2: Analysis and findings from the secondary data sources ............................... ..... .. ..... .. ..... .5 6 Table 5.3: Research objectives .... .. ... ... ... .............. ...... ... ..... ...... ...... .. ......................................... ........ .5 7 Table 5.4: The sub-question of the research ..... ........ ............ ...... .. ..... ............ ....... ..... .. .... ........ .......... 58 Table 5.5: The main research question ... ...... ...... ..... .. ..... ........ ...... ...... ... .. ...... .. ..... ................ .. ...... ..... 59 Participation of traditional leadership on spatial planning and land use management in the Mpumalanga Province vii I LIST OF FIGURES II Figure 1.1: Map of the Republic of South Africa depicting areas of traditional leaders .. .. ....... ....... ...... ... 3 Figure 1.2: Diagrammatic representation of land occupied by traditional authorities in the Republic of South Africa per province .... ..... ... ... .. .......... ... .......... .. .... .. ... .. ...... ... .. ....... .. .. .... ... .... ............... 3 Figure 1.3: Map of the Republic of South Africa, showing the Mpumalanga Province in blue ... .. .. .... .... .4 Figure 1.4: Mpumalanga Province and its three District Municipalities ...... .... ......... ................................ .4 Figure 1.5: Former homelands in the Mpumalanga Province .... ... ... .......... ................ .. ......... .. .. ... .. .......... 5 Figure 1.6: Areas of traditional authorities within municipal areas ................. ...... ...... .. ..... .... ........... ...... ..6 Figure 1.7: Sixty traditional authorities of the Mpumalanga Province ..... ... .......... ...... ....... .. ...... .............. .? Figure 4.1: Common engagement procedures followed by traditional councils to process a request for a residential site ... .. .. ... ....... ... ... .. .... .. ..... ..... .... ... .. .... .. ... ... ..... ..... .. ..... ... ... .. ... .. .. .. .... ...... ... .... 45 Figure 4.2: Common procedures followed by traditional councils to process a request for a business site .... .. ..... ............ ... .. ... .. ... .. ...... ...... .. .... ... .. ........ .. ..... ..... .. ..... ...... ...... .. ... ... ..... .. ...... ....... ...... 46 Participation of traditional leadership on spatial planning and land use management in the Mpumalanga Province viii LIST OF ACRONYMS AND ABBREVIATIONS COGTA Cooperative Governance and Traditional Affairs OM District Municipalities DRDLR Department of Rural Development and Land Reform IDP Integrated Development Plan LUMS Land Use Management System MEC Member of the Executive Council MP Mpumalanga Province MO Main Offices MPT Municipal Planning Tribunal MSA Municipal Systems Act PTO Permission to Occupy RSA Republic of South Africa SA South Africa SDF Spatial Development Frameworks SLA Service Level Agreement SP LUM Spatial Planning and Land Use Management SP LUMA Spatial Planning Land Use Management Act TLGFA Traditional Leadership and Governance Framework Act Participation of traditional leadership on spatial planning and land use management in the Mpumalanga Province ix GLOSSARY OF TERMS Definition of key terms: This section provides a description of the terms that are frequently used in this research, to present a clear understanding of the terms used. The four terms, traditional leadership, traditional authority, traditional councils and traditional leaders, are often used interchangeably, while their meanings can have a slightly different connotation depending on the specific scenario and circumstances. The terms are defined below for the purpose of the study. Traditional leadership refers to the broader context of a type of royal leadership established legitimately as a traditional power in control , in terms of the Traditional Leadership and Governance Framework Act, Act 41 of 2003. Traditional leadership is a customary governance structure or system, acknowledged and used by traditional communities as an administrative body which bears and embraces traditional values and activities (Khunou, 2011 :278). Traditional leaders: In South Africa, the titles of traditional leaders depend on the different indigenous languages. Most titles have the same meaning, depending on the prevailing language of the geographic area, thus traditional leaders may be called, Chiefs, lnkosi, isiphakanyiswa, Kgoshi and Hhosi. A traditional leader can be defined as a customary leader that has inherited the leadership position by being a member of a royal family and the chieftaincy has been conferred by the traditional elders (Lutabingwa et al., 2006:75). Traditional authority is a traditional institution, recognised by higher authorities in terms of customary law. Ndlela et al. (2010:3) define traditional authority as a recognised traditional structure which entails different levels of responsibilities commanded by a Chief who reigns over a tribal area and where the people live and hold the rights to practice traditional activities. A Traditional Council is a combination of elected members and the royal leadership of a traditional governance structure which is identical to a specific area of jurisdiction. 'Traditional council' is a new term used in the post-apartheid era for traditional governing bodies, established and recognised for a traditional community in accordance with the provision of Chapter 2, Section 3 of the TLGFA (South Africa [SA], 2003). The elected members of the Participation of traditional leadership on spatial planning and land use management in the Mpumalanga Province x traditional council (excluding the royal leadership) are subject to a five-year term contract in office and are nominated through the election processes in terms of Section 3 of the TLGFA. Spatial Plan is a guide plan for current and future land development that represents and interprets a development vision of a competent authority, aimed at a long-term sustainable development goal of a defined area, representing the integrated sector policies and plans. It is a plan which guides decision-makers in terms of land development and it carries the directive to redress historic spatial imbalances (Spatial Planning and Land Use Management Act, Act 16 of 2013 (SPLUMA, SA 2013:21 ). Land use management refers to land use controls that apply to a property in accordance with the prescripts that are promulgated by the responsible authority (Van Breda, 2006: 1) . Land tenure is a recognised term relating to occupancy or ownership of land or property vested in or assigned to an individual or a group, which further articulates about the land use rights (Payne, 2000:145). Land use control is defined by Thomas (2006: 13) as a system of issuing permits for land use and development according to prescripts set out by authorities with the aim of reducing conflicts and maximising cohesion. Land development refers to erection of building or structure on land or the change in land use, it also includes the following activities that take place on land: township establishment, subdivision and consolidation of land, as well as any compliant or deviated activity based on a municipal land use scheme (SPLUMA, SA 2013:9). . - . . ~ . -· Participation of traditional leadership on spatial planning and land use management in the Mpumalanga Province xi I ABSTRACT II This research report explores the participation of traditional leadership in spatial planning and land use management matters in Mpumalanga Province. The report provides a brief overview of the historic background of traditional leadership in South Africa and the applicable legislation that outlines the mandates and the roles of traditional leadership on land matters. The compilation of the mini-dissertation from inception to conclusion is driven by data resources on traditional leadership guided by the following measures: literature review, which entails defining traditional leaders and their existence through the epoch in history, policy framework, as well as history and theory of planning. Information collected from traditional leaders and municipal officials was analysed to provide outcomes of the survey which was compared with the literature outcome to provide a final outcome which presents a final view of the extent of participation of traditional leadership in spatial planning and land use management. The finding of the report indicates that systems of traditional leadership are alive and existing in rural areas of South Africa and that the institution of traditional leadership will still exist in the coming future . Their involvement in land matters is inherited from the past, therefore their current role in spatial planning and land use management must be defined and agreed between the traditional council and municipalities and finally the agreements must be documented in a form of a Service Level Agreement. Participation of traditional leadership on spatial planning and land use management in the Mpumalanga Province xii I Chapter 1 INTRODUCTION I 1.1 BACKGROUND Traditional leadership's existence dates back to the pre-colonial era, as a form of governance, which is prevalent across the African continent. This form of governance still exists in the current era of the democratic South Africa as shown in Figure 1.1 (Meer & Campbell , 2007:2). Traditional leadership can be categorised as an indigenous method of authority that governs a group of people or a clan which predominantly shares similar values and culture (Ndlela et al., 2010:3). Powers of traditional leaders are inherited by virtue of being a member of a royal family (Lutz, 2004:18). Leadership in the form of traditional authority encompasses all the clan's basic needs from social requirements to developmental needs (Ndlela et al., 2010: 5). Traditional leaders were assigned by legislation, among others, but not limited to the role of administering land matters (Lahiff, 2000:49). '"' "" t. "'"'"""' .. .i. •\J V l?o. ox ~39 L .... teln Administering of land matters in the case of traditional leadership inch.1des demarcation and allocation of land for various land uses, primari .iy. . fo7 'residentraf, businesses, as we11 as- for subsistence farming in a communal manner (Bryna rd & Musitha, 2011: 114: Bikamz & Chakwizira, 2014:145). However, the current responsibility of administering land in a formal planning system is assigned to municipalities through the new planning legislation, the SPLUMA (SA, 2013), and its land use management systems, such as the Spatial Development Framework (SDF) and wall-to-wall land use schemes (Nel, 2015:2). The study unpacks the historic functions of traditional authorities, and most importantly their current role on land matters. It seeks to establish the relevance of traditional leadership in governing space and land use, within their areas of jurisdiction where municipalities have the power to execute planning functions as mandated by the Constitution of the Republic of South Africa, Act 108 of 1996, within the new demarcated municipal boundaries which incorporate areas that were previously administered by Traditional Councils (Ntsebeza, 2004:67) (Figure 1.6). Traditional authorities have survived through pre-colonial , during colonial and post-colonial times, while various statutes have been passed to regulate the functions of traditional Participation of traditional leadership on spatial planning and land use management in the Mpumalanga Province authorities. However, these statutes have not addressed the extent of involvement of traditional leadership in spatial planning and land use management. South Africa has inherited a fragmented and divided society, which requires redress of the previous spatial injustices (Nel, 2015:3). The country was divided in a manner that created superiority and inferiority among different groups of South Africans. The spatial division provided for formalised and non-formalised areas; formalised areas are situated in urban areas with control measures through policies and legislation, while non-formalised areas were mostly found in former rural homelands under traditional leadership. These areas were not subjected to any spatial planning or land use guidance through land development policies (Ntsebeza, 2004:69). Spatial planning, land use control and land development matters were carried out by traditional authorities in most instances without planning capacity and guidance (Ndlela et al., 2010:5). The negligence of rural areas under traditional authorities in terms of spatial planning and land use management has impacted negatively on the development of these areas and has created a legacy of unplanned occupation of land that is usually inefficient in terms of sustainability and installation of services. The emerging of unplanned settlements does not consider space for additional amenities to support the residential use (Ntsebeza, 2004:73). A key objective of post-apartheid South Africa is the integration of these fragmented areas; this includes the spatial integration former towns, cities and adjacent rural communities through the new demarcation of 'wall-to-wall' municipalities (Nel, 2015:3). It also includes comprehensive planning through a programme known as Integrated Development Plan (IDP), which includes areas which were formerly controlled by traditional authorities (Kurahashi, 2012:7). The post-apartheid South African Government has passed legislation which encourages integration and incorporation of traditional council areas into municipal systems. The legislation includes the Constitution of the Republic of South Africa, Act 108 of 1996; the Local Government: Municipal Systems and Structures Act, Act 117 of 1998; the Local Government: Municipal Structures Amendment Act , Act 33 of 2000; the TLGFA (SA, 2003), and the SPLUMA (SA, 2013). Participation of traditional leadership on spatial planning and land use management in the Mpumalanga Province 2 RSA Areas of Traditional Leaders LP: Limpopo MP: Mpumalanga GP: Gauteng NW: North West FS: Free State NC: Northern Cape WC: Western Cape EC: Eastern Cape KZN: Kwazulu-Natal NC Source: Fourie (2015) Figure 1. 1: Map of the Republic ofS outh Africa depicting areas oft raditional leaders % OF LAND PER PROVINCE UNDER TRADITIONAL AUTHORITIES Limpopo 26% Eastern Cape . . ... Mpumalanga .... - ....... :.; 10% North West 9% KwaZulu-Natal 34% Northern Cape TOTAL LAND IN RSA UNDER T.A. : Western Cape 0% Source: Fourie (2015) Figure 1.2: Diagrammatic representation ofl and occupied by traditional authorities in the Republic ofS outh Africa per province Participation of traditional leadership on spatial planning and land use management in the Mpumalanga Province 3 RSA NO l< l ~1 WL !> I , tiV I J' fRFf ... (, , ' Norn ll(l:melands infMpumalanga . .... . . .. .. :·\:~;·~,: r _. -. - ./ .... ~- r . .,-\ ~- .., ~ ,,- --... r- _J-~..r0 .. ~ '<:19'' N•llonel "oads ~~- NauonalRoaos Former Homelands - Bopnutnatsw ana C Gaz.ankulu ~n1..,, - Kangwana Kwa.ndaMla - LabOWa Munlclpel 8 ounderl" Local ~•unlc lpa111as l.•••• . .r-v, "---.... .-. . ... "'• J em• - Kw.ZUiu Kw..Zulu-N•tal ~ ,........_ , -. Source: SA DRDLR (2013) Figure 1.5: Former homelands in the Mpumalanga Province Participation of traditional leadership on spatial planning and land use management in the Mpumalanga Province 5 TRADITIONAL AUTHORITIES MPUMALANGA Total Tad It Iona I % c overed Local M-~al Authority by Mu nlclpa lty Area Area Tradltlonal <""'» (hm>) A uthorlt les Albert luthulo 5560 8-4'1 15% 8.Jshbudcrodge 10253 1751 17% Dr JS M a. ~ - MllOOWAaA '""111lW. AL -l'DZU~~o Locality Shtch s·waz.il~nd E ""'•~by"*"...,.. "'_.."'..._ ,. . ._,"' C.... c.__. s~.»t .t :::..,,. . _._$4. VDlt 1 600,000 ' I 0- : WGSU Oa• :S.pt...,.,.r 20131 .__ _M_p_um_a_la_n_g_a _Pr_o_vi_nc_e_ :_Tr_ib_al_ A_u_th_o_rit_ie_s_ _ .,_. ........ _, ProJ-ctlon : Ha,..,..sU.O.k 9 ...".."...' "i"...I. f." .~ . .... _ .. ~ .. ••• • • (II ..,,..._,, .. __, ...t ;A Source: SA DRDLR (2013) Figure 1. 7: Sixty traditional authorities of the Mpumalanga Province Participation of traditional leadership on spatial planning and land use management in the Mpumalanga Province 7 1.2 PROBLEM STATEMENT Misalignment of land development matters between traditional authorities and municipal councils in the Mpumalanga Province had led to overlapping roles and responsibilities (Bikam & Chakwizira, 2014:143). Municipalities are mandated by the Constitution (SA, 1996) and the MSA (SA, 2000), to administer local government matters, including spatial planning and land use management within their boundaries that incorporates areas of traditional authorities. Traditional authorities have been demarcating and allocating land for different land uses without the guidance of spatial plans and land use management tools. Their involvement in land administration matters is derived from previous and current legislation, such as Chapter 5 of the TLGFA (SA, 2003), although national and provincial government policy or legislation may provide for additional roles for traditional councils on land administration matters (Knoetze, 2014: 169). Municipalities in the Mpumalanga Province are working towards complying with new laws of the country which seek to improve the spatial form of the country. These laws include the Constitution, which spells out that municipalities are a sphere of government and bear the function of land planning; the SPLUMA (SA, 2013), which requires the revision of existing municipal land use management systems such as municipal SDFs and land use schemes. However, implementing this legislation creates a problem in that there is no clear line of responsibil ities between the two governing powers, while the land use management systems may be developed by municipalities, but its implementation in traditional council areas might face challenges of non-compliance for a number of reasons (Nel, 2011 :12). Traditional councils are excluded from the Municipal Planning Tribunals (MPT) that decides on land use and development applications. However, the Regulations in terms of the Spatial Planning and Land Use Management Act {hereafter called the SPLUMA Regulations, 2015), suggest that an agreement in a form of a Service Level Agreement (SLA) may be concluded between municipalities and traditional councils according to Regulation 19 of the SPLUMA Regulations (SA, 2015), although the Regulations further state that traditional councils are not expected to make any land development or land use decisions. However, the extent of such land use and development decisions still needs to be unpacked in order to implement these provisions. In this regard, the question from traditional leaders concerns the process of preparing the terms of the SLA which is not stated in the regulations. Participation of traditional leadership on spatial planning and land use management in the Mpumalanga Province 8 During engagements with traditional leaders they have indicated their dissatisfaction in only participating in Municipal Council meetings. They have indicated that they are not recognised or honoured in council meetings as leaders of their communities and that only Speakers and Mayors are given respect. They have raised their concern that they are treated as ordinary members of the community. In terms of the Municipal Structures Act, Act 117 of 1998 (Section 81 ), a limited number of traditional leaders may attend municipal council meetings with an authorisation of the Member of the Executive Council (MEC) for Local Government and the Provincial House of Traditional Leaders. According to this Act, traditional leaders may be given an opportunity to express a view in matters that directly affect their areas of their authority (Bikam & Chakwizira, 2014: 146). The lack of formal agreements leading to limited cooperation between the municipal council and the traditional councils result in burgeoning of non-formalised/informal settlement areas which result in environmental degradation and difficulties in installation of services. 1.3 RESEARCH QUESTION In view of the overlapping and undefined roles and responsibilities of the traditional councils and local municipalities around spatial planning and land use management, Bikam and Chakwizira (2014:143-144), the research question of this study can be formulated as: What role can traditional leadership play in spatial planning and land use management without contravening the roles and responsibilities of local municipalities? The research question is further divided into sub-questions: How relevant is traditional leadership in implementing spatial planning and land use management? What complementary role can traditional leadership play to enhance the functions of municipalities around land development controls? How can prescripts and guidelines for land development control be successfully introduced into the daily operation of traditional leadership? 1.4 RESEARCH OBJECTIVE Traditional councils and municipalities share a common space and constituencies as the boundaries of traditional councils are within municipal boundaries. Other common aspects Participation of traditional leadership on spatial planning and land use management in the Mpumalanga Province 9 that are shared among the two authorities include settlement planning, land allocation for different uses, allocation of land rights for land occupation and tenure, as well as provision of services. The history of traditional councils in South Africa has been examined through existing literature (including legislation) to examine the powers and duties which were conferred to traditional councils through legislation from the previous era up to the current time to understand both the status quo and the perspectives of traditional authorities. The objectives are as follows: To assess the operational extent of traditional leadership on land development matters. To investigate the processing of land development applications by traditional leadership in relation to municipalities. To establish the extent of involvement of traditional councils in spatial planning and land use management. To find common ground to facilitate a collaborative working relationship between traditional councils and democratically elected municipal councils. The study outlines the basis of understanding and agreement of the two diverse spheres of power on sharing duties on land development to fulfil the legal and practical requirements around land matters. The study can also make a significant contribution in increasing the understanding of the role of indigenous or traditional institutions in spatial planning and land ~-i-beplonnlng l.iv use management. i:·~pt. Stadt- end r) • "1·~'.-.01 Planning l' ~t U•ban an i .l;J• • _._,... • i><)Sbt;<;/ • ~·· uOX 339 1.5 RESEARCH METHODOLOGY ~lccrnf onteln 9'\'}0 The research method serves as an outline of "ffl'e~wnole. . research exercise from the beginning to the end of the research, where a determination is made for a best method that can successfully fulfil the requirement of the research. According to Baxter and Jack (2008:547), once the research question is tabled and the research topic determined, then a specific type of method which will be most suitable to achieve the research objectives must be selected. This research report is based on establishing the participating extent of traditional leadership on spatial planning and land use management in the Mpumalanga Province. The DRDLR has embarked on a project of a feasibility study to establish land use management and land use practices in areas of traditional authorities in the Mpumalanga Province. The scope of the DRDLR project is thorough and extensive; the DRDLR study seeks to provide detailed information pertaining to the total of 60 traditional authorities in the Mpumalanga Province. Participation of traditional leadership on spatial planning and land use management in the Mpumalanga Province 10 Preparation of the field survey of this academic research report has been aligned with the DRDLR survey process where the researcher of this report was part of the interviewing team which interviewed traditional councils and municipal officials. The information gathered during the joint survey with DRDLR, was used to prepare the analysis of this report. Fifty- eight traditional councils were successfully met and interviewed, only two traditional councils out of the 60 were not available for interviews; after consultation with traditional councils, meetings for interviews were arranged and held with nine municipalities that are harbouring traditional councils in their area of jurisdiction. The information collected during the joint survey was summarised to provide a broader provincial perspective about traditional councils which was very important towards the research topic. The information from the survey was grouped into ten planning areas based on the questions from the questionnaire and a translation of the research questions. The detailed grouping of the questions and answers are further demonstrated in Chapter 3 of this dissertation. The scope of DRDLR feasibility study prescribes that information must be detailed per traditional authority in order to provide a holistic picture of the current practices on land matters by traditional authorities, which include social , economic and political perspective. The details include land status, such as boundaries; property description; ownership; potential; a broader land use per traditional authority and availability of land for future development. The status of the project currently is at a second round of consulting stakeholders to confirm most of the outcomes of the survey. The selected methodology of this report is qualitative methodology, selected on bases of qualities of a qualitative method, outlined further in Chapter 3 of this dissertation, the research design and analysis as highlighted briefly in this chapter is broadly explained in Chapter 3 of this dissertation. 1.6 DELINEATION OF THE STUDY AREA The focus of the study is on traditional leadership in the Mpumalanga Province within the Republic of South Africa. Mpumalanga is one of the nine provinces of the Republic of South Africa, which is bordered by the Limpopo Province on the northern side, Gauteng Province on the western side and Free State and Kwazulu-Natal on the southern part of the province. Mpumalanga Province also shares international borders on the eastern side of the province: with Swaziland on the south-east as well as Mozambique on the north-east (Figure 1.3). There are 60 traditional councils in the Mpumalanga Province recognised and registered by the Department of Cooperative Governance and Traditional Affairs (COGTA), distributed Participation of traditional leadership on spatial planning and land use management in the Mpumalanga Province 11 over the three districts of the Province. The three districts of Mpumalanga Province are Ehlanzeni, Nkangala and Gert Sibande (Figure 1.4). However, not all municipalities within the three districts have traditional councils. One municipality may have more than one traditional councils (see Table1 .1) , as well as a map of individual traditional authorities within municipalities in Figure 1.6. Most of the traditional authorities are situated in the former homelands (Figure 1.5) within the Mpumalanga Province. The former homeland areas in the Mpumalanga Province are listed as follows: western part of the Province; former Kwandebele; former Bophuthatswana. The northern part of the Province is former Lebowa, former Gazankulu and on the south-east part of the Province is the former Kangwane (Figure 1.5). Homelands were classified according to different ethnic groups in the Republic of South Africa (RSA), where the majority of the people were able to communicate through the prevailing languages (Khunou, 2009:87). Traditional authorities were used to strengthen tribalism within the homeland system, subsequently to perform the duties of administering land matters (Ntsebeza, 2004:73). TABLE 1.1: TRADITIONAL COUNCILS IN THE MPUMALANGA PROVINCE LISTED PER LOCAL & DISTRICT MUNICIPALITIES MPUMALANGA PROVINCE (MP) The Three District Municipalities (OM) of Mpumalanga Province (Figure 1.4) Ehlanzenl OM Nkangala OM Gert Slbande OM Local Municipalities (LM) & Local Municipalities (LM) & Traditional Local Municipalities (LM) & Traditional Councils (TC) under the Councils (TC) under the District Traditional Councils (TC) under the district District Mbombela LM Thembislle Hanl LM Mkhondo LM (MO in Nelspruit) (MO in: Kwaggafontein) (MO in Piet Retief) 1 . Mpakeni TC 1.Ndzundza - Somphalali TC 1. Mahlaphahlapha TC 2. Msogwaba TC 2.Ndzundza - Fene TC 2. Madabukela TC 3. Mbuyane TC 3.Manala TC 3. Mahlobo TC 4. Gutshwa TC 4.Manala Mgibe TC 4. Ogenyaneni TC 5. Mdluli TC 5.Manala Makerana TC 6. Masoyi TC 7. Nkambeni TC Dr Pixley Ka lsaka Seme LM 8. Kgarudi Tc· - shared between 1.Lekgoetla TC Mbombela & Bushbuckridge LMs Nkomazl LM Dr J.S. Moroka LM Chief Albert Luthuli LM (MO in: Malalane) (MO in: Siyabuswa) (MO in: Carolina) 1.Matsamo TC 1 . Ndzundza · Mabhoko TC 1 . Mantjolo TC 2.Mhlaba TC 2. Ndzundza - Mabusa TC 2. Embhuleni TC 3.Sboshwa TC 3. Ndzundza · Pungutja TC 3. Mandlamakhulu TC Participation of traditional leadership on spatial planning and land use management in the Mpumalanga Province 12 4.Lugedlane TC 4. Ndzundza - Litho TC 4. Somcuba-Bevula TC 5.Hhoyi TC 5.Bakgatla Ba Mmakau TC 5. Enikwakuyengwa TC 6.Mlambo TC 6. Bakgatla Ba Mocha Ba Moepi TC 6. Mpisikazi TC 7.Mawewe TC 7. Bakgatla Ba Seabe TC 7. Ebutsini TC 8.Lomshiyo TC Cross Border 8.Bakgatla Ba Mocha Ba Maloka TC 8. Madlangampisi TC between Nkomazi & Mbombela LMs 9. Barolong Ba Lefifi T.C 1 9. Duma TC Bushbuckrldge LM I 10. Emfumbeni TC 1. Hoxane TC Victor Khanye LM 11 1 . Enkhaba TC (MO: Delmas) 2. Amashangana TC No TC I 12. Ndlela TC 3. Jongilanga TC 13. Emjindini T.C 4. Moletele TC Emalahlenl LM Msukallgwa LM (PKA: Witbank) (MO: Ermelo) 5. Malele TC No TC No TC 6. Sethlare TC 7. Mathibela TC Emakhazenl LM (MO in: Belfast) Lekwa LM (MO in: Standerton) 8. Moreipuso TC No TC No TC 9. Thabakgolo TC I I 10.Mnisi TC Kgarudi Tc• Cross Border between Steve Tshwete LM Dlpaleseng LM Bushbuckridge & Mbombela LMs (MO in: Middelburg) (MO in: Balfour) No TC No TC Thaba Chweu LM (MO in Lydenburg) I 1.Mashilane TC Govan Mbekl LM I (MO: Secunda) 2. Mohlala TC I No TC 3. Mogane TC I I Umjlndl LM (MO in Barberton) I I No TC I I Source: RSA DRDLR (2015) 1.7 RATIONALE OF THE RESEARCH 1.7.1 Relevance of the study The study is prompted by the existence of traditional authorities in the Mpumalanga Province and their involvement in land development matters, from the previous dispensations to the current democratic state of South Africa. The intention is to improve livelihoods in rural areas, by defining the roles and responsibilities of traditional leadership in relation to Participation of traditional leadership on spatial planning and land use management in the Mpumalanga Province 13 municipalities on spatial planning and land use management, in order to facilitate a complementary working relationship between the two authorities. The study provides the status quo of existing information and the probabilities of arriving at an agreement and a workable solution for both authorities, namely the traditional councils and municipalities in terms of land matters, an agreement that will satisfy both parties and enhance sustainable development as required in terms of Regulation 19 of the SPLUMA Regulations (SA, 2015). According to Lutabingwa et al. (2006:81) the effectiveness of traditional authorities depends on, firstly, the willingness of local government to build capacity to traditional councils within their area of jurisdiction in order to develop an understanding, and secondly, for the traditional councils to participate in the modern requirements of land development. 1.7.2 Significance of the study It is imperative to measure the extent and efficiency of land use planning and management within areas of traditional authorities in order to develop an integrated approach towards working together between the traditional leadership and municipalities. The research provides awareness in terms of the status of land development areas of traditional leaders and it provides a platform of engagements between traditional leadership and municipalities. Land use planning is defined by Rubin (2008:3) as a process of making recommendations regarding the allocation of space for a range of activities. She defines land management as the manner in which land is planned, managed and controlled for utilisation and accessibility. She further notes that management of land does not just end with the distribution of land, it goes to an extent where authorities take responsibilities of regulating and maintaining harmonious living conditions, and to promote coherent and functional land uses with minimal conflicts. The ruling power of traditional authorities over land matters is supported by laws that stipulate their roles and responsibilities as traditional councils from pre-historic into the current situation. 1. 7 .3 Parameters of the research The research is restricted to traditional councils and municipalities within the Mpumalanga Province; however, traditional councils outside the Province and South Africa are used to provide an external view in addition to information within the Province. The Province of Mpumalanga has 60 recognised traditional authorities which are situated within the area of jurisdiction of eight local municipalities. The methodology followed in preparation of the study is a qualitative method; the research is based on existing realities, as well as prevailing Participation of traditional leadership on spatial planning and land use management in the Mpumalanga Province 14 circumstances within the institution of traditional authorities; references are made on historic background and existing literature of the research topic. 1.8 STRUCTURE OF THE REPORT The report is structured in a manner that allows the sequential flow of information and arguments guided by the research topic, the research question as well as the aim and objectives of the study. The structure of the report is summarised as follows: Chapter 1: introduces the research report and provides background information about the research, it outlines the extent of the study area which includes maps depicting areas of traditional authorities in relation to Mpumalanga Province. The chapter elaborates on the following subtopics: the objective of the study; the statement of the problem; relevancy of the study; significance of the study; research question which is further unpacked, as well as the research question to be answered in the analysis chapter. The chapter also provides a brief overview of the methodology which has been followed in compiling the research report. Chapter 2: reviews the existing literature on the topic and cites arguments from different sources that further elaborates on the topic as well as providing answers on the research question and also provides the theoretical bases of the research. Chapter 3: defines the method used to conduct the research, it outlines the type of methodology suitable for the research and research design to guide sourcing of data; primary and secondary data. Chapter 4: contains the analysis of information collected during the interview process and secondary data from literature review. Chapter 5: are the general findings from the synthesis of different deliberations, sources and data analysed and presented in chapter 4. Chapter 6: is the overall summary of the research, which includes findings of the research, recommendations and the conclusion of the overall research. Participation of traditional leadership on spatial planning and land use management in the Mpumalanga Province 15 Chapter 2 LITERATURE REVIEW AND CONCEPTUAL FRAMEWORK 2.1 INTRODUCTION The purpose of this chapter is to review existing literature on the subject topic in order to establish the significance and role of traditional leadership with regard to spatial planning and land use management in the Mpumalanga Province. The chapter presents a literature review on traditional leadership, particularly within the South African context and a conceptual framework which is structured into six sections. The first part of this chapter commences with definitions and characteristics of traditional leadership, followed by the historical background and legislative provisions pertaining to traditional leadership. The second part describes traditional leadership within the current democratic context of South Africa. The third part deliberates about the role of traditional leadership on land matters; fourthly, the relationship of traditional councils and local government; the fifth section deliberates about planning concepts which include the historic and theoretical perspective of planning in relation to traditional leadership; and finally the conclusion which summarises the chapter. C)ept. Stads- en Streekbeplannlng UV .Aept. Urban anci r!)olonal ?iorinlng 1· Posbus!'"' ;. Jox 339 2.2 TRADITIONAL LEADERSHIP ~loamfontein 9'.\'jO 2.2.1 Definition of traditional leadership Traditional leadership can be defined as an indigenous institution that administers a traditional community on daily livelihood matters which include land matters. Traditional leadership is also defined as a customary institution or structure that governs traditional communities through customary procedures of governance (Khunou, 2011 :278). According to Knoetze (2014: 167) during the colonial period as well as thereafter, traditional leadership was considered as a custodian of customs, although their role under the successive colonial governments included additional services such as allocation of land. According to Lutabingwa et al. (2006:74), traditional leaders served as governors of traditional communities, with authority over all aspects of life, ranging from social welfare to judicial functions. They add that these leaders hold tribal land in trust on behalf of the traditional community. They also point out that the exercising of power by traditional Participation of traditional leadership on spatial planning and land use management in the Mpumalanga Province 16 leadership is largely based on land control, which includes approval and disapproval of land occupation. 2.2.2 Characteristics of traditional leadership Traditional leadership is an indigenous institution that governs over an area of jurisdiction that ranges from one rural village or more rural villages per traditional area. The institution of traditional leaders is constituted by a traditional leader (chief or king) , traditional councils that are elected in terms of the TLGFA (2003) and headmen that are assigned to administer villages (Lutabingwa et al., 2006:74-75). According to Ndlela (2010:3), traditional leadership is a recognised structure which involves different levels of responsibilities, where the chiefs are located at the top of the hierarchy and reign over the tribal areas where the traditional communities live; local villages are administered by headman on behalf of a chief. The institution of traditional leadership can be utilised as an integral body of authority which can facilitate participation of government in social, political and cultural aspects of rural communities as stated in Brynard (2011 :2). Knoetze (2014: 162) further elaborates that traditional leaders are at the centre of rural development; therefore, traditional leaders can play a linking role in communicating government plans to rural communities. According to Lutabingwa et al. (2006:75), traditional authority structures consist of an lnkosi (chief) or lsiphakanyiswa (the selected one) of the area, and a number of councillors (lnduna or headmen). The number of headmen depends on the size of an area or the number of villages under the leadership of the traditional council. Lutabingwa et al. (2006:75) further explains the traditional community as a community which resides in an area as a clan that shares common (communal) space. The composition of the houses of traditional leaders comprises the traditional leaders of a specific region or province and the chairperson is elected to serve for a period of time. Lutz and Linder (2004:4) indicate that the role of a traditional structure in local development is to regulate village life, as traditional leaders also play the role of administering the social affairs of the communities. The structure of traditional leaders can be integrated with the modern structure of local government which is given the important role of redressing the previous imbalances on spatial planning. The municipal functions include redistribution of land and integration of communities as well as regulating the use of land, whereas traditional structures are not capacitated to execute the finer details of spatial planning and land use management. Participation of traditional leadership on spatial planning and land use management in the Mpumalanga Province 17 2.2.3 Background of traditional leadership 2.2.3.1 Pre-colonial During the pre-colonial era, the institutions of traditional leadership were regarded as political and administrative centres of governance for traditional communities and also as custodians of the values of society (Rugege, 2009: 172). Tlhoaele (2012:30) adds that traditional leadership was vital during the pre-colonial times, as traditional leadership was the prevailing governance system and had the responsibility to administer all the needs of African communities. According to Ntimane (2000:48), traditional leaders during the pre-colonial period emerged from within communities by way of recognition of their leadership abilities and qualities (for example bravery, eloquence and greater problem-solving skills). She maintains that leadership was not imposed on the people, but rather based on the will of the followers to ordain and obey a leader. She further indicated that leaders during the tribal wars emerged as warriors that headed war troops. However, Khunou (2008:24) argues that traditional authorities were assigned with the powers to enforce compliance to traditional values and customs of traditional communities. A determination from both arguments is that traditional leaders were symbols of cultural values and a pride of belonging to a defined clan, tribal warriors felt empowered when they were led by their traditional leaders during wars (Khunou, 2011 :278). A linking statement of the two arguments is that traditional leaders were rewarded with leadership because of the important role they play in their communities, while the long-term implementation of the reward comes with the responsibilities of being a lifetime leader, and the leadership role remains within the same family for decades and is now inherited by later generations. Dating back to the pre-colonial era, traditional authorities used to look after the welfare of their communities by providing permission to communities to use land and natural resources in a communal manner. Most commonly land was offered for subsistence farming, which included agriculture and grazing; part of the welfare also included maintaining law and order under customarily law (Bikam & Chakwizira, 2014:145). Traditional leadership was an essential governance establishment, which guided the community through various aspects of life, ranging from social and cultural to political practices (Rugege, 2009:174). Mark Butler believes that during the early ages before colonialism, chieftaincy was referred to as a controll ing power conferred on a traditional leader by the traditional elders, which was seen as a dynamic outcome of social processes at a local level. He adds that chiefs were Participation of traditional leadership on spatial planning and land use management in the Mpumalanga Province 18 looked upon as a guarantee of tribal harmony and a key role player in bringing cultural , social and economic stability through resolving conflicts and ensuring land use rights to their communities (Butler, 2002:6) 2.2.3.2 Colonial-apartheid era The introduction of the Union Government in South Africa during 1910 showed a strong recognition of traditional leadership in rural areas of South Africa which were dominated by the black population (Figure 1.1) . During this time traditional leaders were used as agents of the colonial government to promote the objectives and aims of the colonial and apartheid regimes through apartheid legislation such as the Natives Land Act, Act 27 of 1913, Bantu Administration Act, Act 38 of 1927, Bantu Authorities Act. Act 68 of 1951 , and the Development Trust and Land Act, Act 18 of 1936 (Khunou, 2011 :279). Some areas of rural South Africa were designated as 'native reserves areas'. People were grouped according to tribes and the boundaries of these tribes were the homelands, proclaimed in terms of the Bantu Administration Act, Act 38 of 1927 (Khunou, 2011 :279). The old South African Department of Native Affairs accepted that chiefs and tribal authorities were custodians of land within their areas of jurisdiction and had an important role in administering traditional land tenure systems. The regulations which were issued under the Native Land Act, Act 27 of 1913, which prescribed a list of duties that were assigned to recognised chiefs and headmen to ensure control over rural black populations. The list of duties included tribal land administration (Ntsebeza, 2005:8). Traditional leaders were assigned the responsibility to allocate land to their subjects for agricultural and residential purposes within the tribal land they controlled. The chiefs and their traditional authorities had the final say, not only in terms of occupation of the land, but also what the land could be used for, thereby implementing their own land use management system and land development controls. This system was not documented, but was based on indigenous knowledge (Alcock & Hornby, 2004:13; Lahiff, 2000:49, 63). 2.2.3.3 Democratic South Africa The drastic change of governance in South Africa from apartheid to democracy required the complete re-drafting of a new constitution for the country. The Constitution of the Republic of South Africa, Act 108 of 1996, is the supreme law of the Republic as stated in the preamble of the Constitution (SA, 1996: 13). Therefore any laws or practices that are inconsistent with the Constitution are not valid. The Constitution plays a mediating role between the past Participation of traditional leadership on spatial planning and land use management in the Mpumalanga Province 19 colonial era and the present democratic era in the case of traditional authorities (De Jongh, 2006:9). Chapter 12, section 211 (1) of the Constitution (SA, 1996) recognises the institution of traditional authority. It further recognises existing customarily laws; however, a proviso in this provision is that recognition of traditional leaders must abide by the constitution. This means that past practices by traditional authorities which are in conflict with the Constitution become invalid. The constitution does not explicitly state the role of traditional authorities in the new South Africa; however, it allows for further determinations by spheres of Government (Knoetze, 2014:166; Constitution, SA, 1996: Section 212). 2.2.4 The role of traditional leadership on land matters According to the White Paper on Local Government as in Khunou (2011 :282), traditional leaderships have roles and responsibilities in developing their local communities, which include recommendations in land allocations, resolving of land disputes, engaging stakeholders for development in their areas and community participation in development matters. According to Knoetze (2014: 163), the South African government acknowledges that traditional leadership is in a good position to be given the roles of managing land administration, agriculture, arts and culture, tourism and management of natural resources. De Jongh (2006:9) argues that there is no reason to perceive that African customs and traditional leadership conflicts with the modern and innovative governance or institutional arrangements which combine the natural capacity of both traditional and elected governance. He further explains that the functions of traditional leaders are provided in customary law and that National and provincial government may, through legislation, or other measures provide roles and responsibilities of traditional leaders in respect of, but not limited to, arts and culture, land administration, agriculture and welfare of the traditional community (De Jongh, 2006:9-12). 2.3 THE RELATIONSHIP BETWEEN TRADITIONAL LEADERSHIP AND LOCAL GOVERNMENT 2.3.1 Introduction This section examines the different views on the relationship between traditional leadership and local government from existing literature. The first part of this section identifies areas of conflicts between the two authorities; the second part attests to a working relationship between traditional leadership and local government. The participants of shaping the Participation of traditional leadership on spatial planning and land use management in the Mpumalanga Province 20 democratic South Africa believed that institutions of traditional leadership would disappear as the old apartheid government ends, and that it will not survive the requirements of democracy, as it is associated with colonial segregations in terms of dividing South Africans into tribal groups as well as dictatorship which include imposing of leadership in a form of hereditary status (Beall & Ngonyama, 2009:4). 2.3.2 Areas of conflict between the two authorities The first area of differences between traditional leadership and local government relates to the historic background, where traditional leaders were colluding with segregation policies and South Africans were denied their citizenship, but were placed under an ethnically defined administration based on tribal authority (Beall & Ngonyama, 2009:8). Local government, on the other hand, is based on new democratic values, where establishment of local government was aimed at integrating communities through integrated development planning processes which is based on collective decision by stakeholders (Kurahashi, 2012:1). According to Knoetze (2012:161), municipalities are complaining about uncoordinated implementation of social programmes by traditional councils without the involvement of local government, which creates fragmented and unserviceable settlements. Traditional authorities, on the other hand, complain about municipalities limiting their powers which they had from the previous era, which includes among others the administration and development of their areas and their traditional communities The SPLUMA (SA, 2013) creates a spatial planning system that integrates land use management in the local sphere of government, which will provide implementation mechanisms for spatial plans and policies, including land use schemes and tribunals, while traditional authorities believe that land allocation is their rights and they see the implementation of the SPLUMA and the implementation tools such as land use schemes, municipal planning tribunals as mechanism to dispose their powers (Nel, 2015:2). Traditional leaders criticise local government that in terms of land use planning they are not fully involved and that they are only considered as participants during public participation and engagements; local government argues that the problem with traditional leaders is that they demarcate stands to their residents under their area of jurisdiction without consulting their local government (Bikam & Chakwizira, 2014:144). Orange (1995:35) indicates that land uses systems in rural area is characterised with mix and uncoordinated land uses, which does not consider the effect of conflicting land uses such as cattle kraals and pig, goat and chicken shelters with in a residential rural village. Participation of traditional leadership on spatial planning and land use management in the Mpumalanga Province 21 Most of these land uses are within homesteads; in some instances, they are attached to customary practices. Local government is mandated by the Constitution to be responsible for planning areas within their jurisdiction, which is regulated by laws and include efficient use of land and ensuring environmental sustainability to prevent conflict among different land uses (Bikam & Chakwizira, 2014:144). Phage and Netswera (2011: 1032) indicate that there are many instances where local government councillors and traditional leaders side-line each other, particularly whenever they engage communities. Local government is assigned by law to involve communities in developmental matters of a municipal ity (MSA, SA, 2000, Sec 16), while traditional leaders may give support to municipalities to community development matters (Knoetze, 2014:169). 2.3.3 Instances of collaborative relationship Traditional leadership institutions are considered to play an integral part in achieving development objectives. According to Knoetze (2014: 161 ), traditional authorities are recognised to undertake duties in a cooperative governance manner with local governance. He added that traditional leaders can play an important role in f ighting poverty by promoting rural development in rural communities. This includes management of rural resources, arts and culture which can promote tourism, land administration, agriculture as well as health and welfare (Knoetze, 2014:161-162). According to George and Binza (2011 :955), in terms of Section 11 of the National House of Traditional Leaders Act, Act 22 of 2009, traditional leaders must be consulted on how development programmes affect their traditional communities. In addition, traditional authorities must support local government in implementing developmental programmes in a cooperative governance manner. Phage and Netswera (2011: 1031) indicate that traditional leaders interested in working with ward committees, suggested that traditional councils must be represented in ward committees and that municipal councillors must attend to meetings that are called by traditional leaders. According to Phago and Netswera (2011: 1031 ), the Constitution indicates that there should be cooperative governance between all spheres of government and traditional leaders, that the IDP process which is implemented by local government, should not be a parallel process between the executing of duties by traditional leaders in terms of the customary laws and their programmes of community development, but the IDP, which incorporates community development programmes, should be implemented by both authorities. Participation of traditional leadership on spatial planning and land use management in the Mpumalanga Province 22 2.4 POLICY REVIEW ON TRADITIONAL LEADERSHIP AND MUNICIPALITIES This section outlines the legal status associated with the involvement and recognition of traditional leaders on land administration matters in the South African context. The hierarchy of legislative frameworks discussed below seeks to explore efforts by Government to incorporate traditional leadership in the governance structures and also to analyse their roles with respect to land use management as contained in various policies and legislative instruments. 2.4.1 The Constitution of the Republic of South Africa, Act 108 of 1996 The Constitution ( 1996, Section 212) empowers national and provincial departments to develop legislation which will provide for the roles and responsibilities of traditional leadership at a local level in relation to customary law and the provision of the Constitution. The national and provincial legislation as listed hereunder will further unpack the involvement of traditional leadership in municipal planning systems (Knoetze, 2014:168). 2.4.2 Traditional Leadership and Governance Framework Act, Act 41of2003 The TLGFA prescribes that there should be partnerships between municipalities and traditional councils which must be based on the principles of mutual respect and recognition of the status and roles of the respective parties and be guided by principles of cooperative governance. The recognition of traditional leadership by legislation indicates that the institution of traditional leadership is recognised by theCilptt"Sttftfiar&nJ!Y/HB~~J,fc}'~~1Wg UV (Lutabingwa, et al., 2006:74). Alpt. Urbo~_?n, ci_ ~:91ona1 "lcnnlnn t· ~bw .·.,,!, · ~ ....' ·--.'· '· v- .,:.... 9 ~ Blcemfont~i rt. Functions of traditional leaders are outlined in terms of Section 4(1) c:Jt:-tha TLGFA (SA, '*....,> .... · ~ - 2003), which place municipalities at the forefront of service delivery and land matters; it encourages traditional councils to support municipalities on all development initiatives within the traditional communities (Meer & Campbell , 2007:5). 2.4.3 The White Paper on Spatial Planning and Land Use Management, 2001 The White Paper on Spatial Planning and Land Use Management (RSA Ministry of Agriculture and Land Affairs, 2001) was introduced to facilitate and align spatial planning, land use and environmental support to promote sustainable and integrated development. The White Paper was an early attempt during the introduction of democracy in South Africa to give guidance in terms of preparing and administering developmental orientated plans, Participation of traditional leadership on spatial planning and land use management in the Mpumalanga Province 23 which include SDFs, IDPs, land use schemes, by-laws and guidelines (Bikam & Chakwizira, 2014:144). The introduction of the White Paper came with the outline of planning principles. These include the principle of spatial equity which seeks to redress unequal protection and benefit of land use management and the principle of integration where diverse elements in development planning are brought together to function in a harmonious and coordinated manner. However, the White Paper has no indication of how to deal with non-formal rural areas which can also include areas of traditional authorities (Marian, 2012: 169). 2.4.4 Local Government: Municipal Systems Act, Act 32 of 2000 Municipalities are created through Section 151 of the Constitution, as the local sphere of Government that needs to be established for the entire territory of the RSA, which implies 'wall-to-wall' municipal boundaries. Section 151(2) empowers municipalities as legislative authorities. Sections 153 and 154 of the Constitution allow provincial government to support municipalities legislatively. These provisions were further developed in the MSA (SA, 2000). Chapter 4 of the MSA (SA, 2000) makes general provision for community participation in municipal matters, and Chapter 5 of the Act provides for IDPs; the municipal SDF is listed as a component of the IDP. The SDF must make provision for land use management of municipalities. Traditional communities and their leaders, therefore, have the right to participate in proceedings relating to municipal SDFs and municipal land use management systems (Kurahashi, 2012:16). 2.4.5 Local Government: Municipal Structures Act, Act 117 of 1998 Section 81 of the Municipal Structures Act (SA, 1998a:32) provides for the participation of traditional leadership in municipal council proceedings, subject to the identification of these leaders by the MEC for local government in that Province. However, the number of traditional council members may not exceed twenty percent of the total number of councillors. Where the municipal councillors are less than ten in number, only one traditional leader may participate (Section 81 (2)(b)). Nevertheless: the legislation does not provide any criteria to select the traditional authorities that may attend the council meetings. The legislation also provides for the MEC of Local Government to regulate participation of traditional leaders in municipal council proceedings by notice in the Provincial Gazette. Subsection (4) of the Act further indicates that the MEC of Local Government shall prescribe the role of traditional leaders in the affairs of the municipality. Participation of traditional leadership on spatial planning and land use management in the Mpumalanga Province 24 The Act allows traditional leadership to express their views on matters that affect communities under their area of jurisdiction; yet, this provision of the legislation is in contradiction with the limited number of traditional leadership members allowed in a council sitting, and one traditional leader cannot represent another traditional leader's interests (Bikam & Chakwizira, 2014:144). 2.4.6 Spatial Planning and Land Use Management Act, Act 16 of 2013 This legislation provides a framework for spatial planning and land use management in the RSA, including the notion of an integrated spatial planning and land use management system and the implementation tools of land development planning, such as land use schemes and SDFs. The SPLUMA seeks an inclusive, developmental, equitable and efficient spatial planning system at the different spheres of government to provide a framework for policies, principles, norms and standards to guide spatial development planning and land use management. It also proposes a framework for the monitoring, coordination and review of the spatial planning and land use management system (Nel, 2015:2). The legislation requires planning to address the past spatial regulatory imbalances and to promote greater consistency and uniformity in the application procedures and decision- making by authorities responsible for land use decisions and development applications through the establishment of Municipal Planning Tribunals; traditional leadership views the introduction of wall-to-wall schemes as a mechanism to give more powers to municipalities and disempowerment of traditional leadership on matters of land administration (Nel, 2015:3). 2.4.7 Regulations in terms of the Spatial Planning and Land Use Management Act, 2015 Regulation 19(1) of the SPLUMA Regulations (SA, 2015) indicates that traditional councils may sign a Service Level Agreement (SLA) with the Municipality under which the traditional council is located. This SLA should satisfy both parties and clearly identify and separate areas of responsibilities. In concluding the SLA, the Regulations stipulate that traditional councils are not permitted to make a land use management decision. In an event where a traditional council does not conclude an SLA with the Municipality, subsection (2) of Regulation 19 indicates that the traditional council is responsible to provide proof of allocating land to the applicant of a land use or development application in terms of the applicable law including customary law. Participation of traditional leadership on spatial planning and land use management in the Mpumalanga Province 25 2.5 CONCEPTS AND THEORY OF LAND PLANNING 2.5.1 Introduction This section of the literature review deals with the history of planning, the theory of planning as well as the different concepts. This section defines planning, explains the background of planning and provides suggestions in critical areas of improvement and enhancement of planning for sustainable and desirable living condition. Harrison and Williamson (2001 :240) define planning as a formal process of directing and influencing development within urban and rural areas as opposed to the uniformed process of allowing unplanned and undesirable development. They view planning as an improved method of guiding development to be in order. 2.5.2 History of planning The history of planning has emerged in correlation to past historic events such as religion, economic revolution and wars. Europe and North America set the scene of the history of planning. According to Oranje (2014:2), the history of planning dates back to the late nineteenth century in Europe and North America with the rapid rising of modernism, the phenomenon related to religious fulfilment which relates to wellness of communities and the second return of Christ. Taylor (1999:16) explained that after the Second World War town planning theories took the lead in providing the conceptual design of development. During the early days, town planning was assumed to be carried out by architects because there was a linkage between the setup of buildings; however, the difference emerged when planning presented a paradigm shift. Taylor (1999: 16) further indicated that there are four significant paradigm shifts in planning: firstly, the physical appearance of a town that enhances the activities of the town; secondly, planners were just focusing predominantly on the well-being of the town, but as time goes by they also considered social and economic activity of the town. Thirdly, planners began to see a town as a live and functional space instead of an outcome of a rigid plan; and fourthly, the changes in planning which came with the skills and techniques provided scientific shift in planning to provide an efficient method of planning analysis. In general, the shift in planning indicated the move of planning from being a rigid process of dealing with development controls to a scientific and dynamic process which assists with decision-making and taking into consideration planning related aspects such as environmental management (Taylor, 1999: 16). Participation of traditional leadership on spatial planning and land use management in the Mpumalanga Province 26 The history of planning in South Africa also followed the same trend as with other countries. The discovery of goldfields in the Witwatersrand after the Anglo-Boer War which damaged the agricultural sector, as well as a series of draughts, compelled people to move closer to areas of job opportunities. This resulted in a demand for housing and accommodation that created an opportunity for investors and necessitated authorities to develop laws and statutory bodies to deal with township development (Mabin & Smit, 1997:194). According to Todes (2012:158-159) the history of planning entails the adoption of a master plan from the Western world for land use development and control. Despite the good intension of the master plans, it was criticised of being rigid , inflexible and unable to accommodate change. Master plans were introduced to the African context, but the plans did not consider the existence of non-formalised settlements and in general, the master plan lacks sufficient details to deal with land use management. Mabin and Smith (1997:197) indicate that the First World War that began in 1914 and lasted until 1918, resulted in putting pressure to South Africa towns in order to come up with a new approach in terms of the migration to towns, which resulted into shortage of housing and the increase in slums. To fight the burgeoning of slums, planning was brought in as a solution to guide development which included planning of both residential and industrial sites. Watson (2009: 179) indicates that planning has transformed since the introduction of democracy in South Africa from being a blue print to an inclusive planning, which is termed the integrated development planning that takes into consideration all stakeholders within the planning area and includes public sectors to participate and play a role in the planning process. Ugarte (2014:404) argues that the domination of Colonial power in administrations and institutions incorporated indigenous culture, but the indigenous culture was subordinated, then suggested that planning can support indigenous development, by engaging indigenous communities in a democratic way of governance. Ray (2001: 65-66) argues that westernisation is a change in discourse, meaning that colonisation meant that African culture had to make way for the western way of doing things. African culture had been dominated by colonisation; therefore, the new culture that emerged is embraced and called post-colonial. He adds that westernisation involves the change in mind-set, the truth and power relations: African kings were reduced to chiefs; as a result, there is a struggle and competition of political power between traditional authorities and the state. Participation of traditional leadership on spatial planning and land use management in the Mpumalanga Province 27 Sandercock (2003:319) suggests that planning must consider cultural diversity in order to deal with problems relating to intercultural co-existence, to manage different ways that are transformative as compared to repressive. She adds that by considering cultural diversity, planning can support the development of a multiculturalism framework. She further suggests that understanding local differences in neighbourhoods or municipalities is important in analysing and solving conflicts. Sirayi (2008:335) suggests that cultural planning can contribute to planning tools and can support the way humans operate by considering cultural identity, creativity and globalisation of culture. He adds that cultural planning is an engine for community development and that cultural planning should be known as a process that recognises important values of citizens, such as community relationships, shared memories, experiences, identity, history and sense of place. Lane (2006:386) suggests that planning processes must recognise the struggle of indigenous people to have their rights and interests on land and natural resources recognised. European planning has the tendency of marginalising an indigenous perspective of planning, as well as the indigenous ability to make decisions on land development prospects. Watson (2009:161) argues that planning from the past through the 1990s was carried out on an area-specific approach, which never took into consideration subsidiary factors of the planning area. This includes issues of sustainable development, subsequently environmental management and planning which are still dealt with as separate issues. Watson (2009: 162) views planning as a tool which must promote sustainable development through incorporating environmental management plans. Harris (n.d. :30) introduces collaborative planning and he identifies it as two interrelated distinct bodies of theory which provide a model of practice. The distinct bodies are the communicative planning theory and the omission or theoretical blind spots, which are sometimes called the dark side of planning. He further explained that communicative planning is more on engaging the relevant stakeholders; collaborative planning goes further and considers approaches to counter the unintended effects of planning, which are also viewed as the blind sports or the dark sides of planning . 2.5.3 Theory of planning Allmendinger (2009:109) advocates for liberalism, a theory of planning that ranges on a number of ideas, but in this argument it relates to markets. This type of planning theory is Participation of traditional leadership on spatial planning and land use management in the Mpumalanga Province 28 based on market forces, individuals ' ideas and the state planners may try to direct and control developmental issues; however, in most cases markets dictates where to direct a particular type of development. Harrison (2014:67) argues that planning is a social exercise that informs theory in a complex way that improves decision-making and subsequently capacitates planners. The observed relationship between theory and practice is that theory is not proactive; instead it shows uncertainty in social , political and administration processes, while practice plays a more proactive role for planning by providing guidelines for planning research that will empower planners with direct answers to make practical decisions. Lord (2014:27) argues that planning theory has at various times been inefficient and described to be confusing including the explanation of properties and a theoretical enquiry, the uncertainty about the value of planning theory culminates from the assumption of theory practice gap. Planning theory has also been criticised as being confusing and impractical. Allmendinger (2009: 172) argues that modernity in planning is not only about the places where people live and work in modern cities, but is also about the way planners and other role players in the planning field think about places and spaces, as well as the way in which planners think about unifying concepts under one plan. He argues that the world has become diverse in terms of the social , political and cultural level; therefore, planning and planning theories must begin to guide the merging of the diversities into one plan. He adds that the gap between theory and practice is growing and becoming more complex, and therefore there is a need to try and make each planning concept to contribute towards the success of the other planning concept, when concluding about modernity planning theory, He indicated that modernity planning theory and practice need to move towards a new paradigm called postmodern which is a reformed modernity theory (Allmendinger, 2009:172). The approach to postmodern theory is termed collaborative planning which is based on making sense to develop a plan that will deal with the dynamics of the future and the increase of complex societies, to also establish ways and means of reach ing an agreement between planners, society and politics, then the participation planning process becomes valuable and sensible. Allmendinger (2009:197) adds that for planners to work with disparate and diverse communities in order to reach an agreement, they need to develop a plan. An approach which has gained a theoretical popularity, which is communicative and collaborative planning. Participation of traditional leadership on spatial planning and land use management in the Mpumalanga Province 29 In concluding on the arguments of history of planning and planning theorists, is that planning moves with time to find its relevancy in the modern world. In previous eras planning was a blueprint (one way from top to bottom) and untouchable, but as time went by the approach in planning became more evolving and shifted from the top-down to the bottom-up approach, with more integrated approach which made the outcome of planning to find its relevancy to space and to inhabitants. The system of traditional leadership may be viewed as an ancient method of governing people and land development, but it has th··e- potential of evolying with .... ... .... ,.. .. -~-- - ·--.... -·-~-·~ "' time and finds its relevancy in the modern ways of livelfno6cf ..- - r.."fn .. 'lc"'- ""? nn' ~o ~V@$io 00 .... vtn. ' t-'' ·~·~ . ftlJl'r.. •· 2.6 CONCLUSION The literature review chapter provides secondary information from various dimensions which closely relates to the research topic, in order to provide views and find ings observed by the previous writers. These findings are yardsticks where answers of the research questions can be concluded; however, still need to be harmonised with the primary data collected and analysed during the engagements with the targeted group as per the topic of the research. In this case it will be traditional leaders and municipalities. Traditional leaders have a long history in South Africa, which dates back to the era before the colonialism era up to the current democratic dispensation. Along the way from the old dark days of wars to the current moments where human beings are treated with respected and dignity, there were many cultural practices, legislation and governance that influenced and shaped the actions and responsibilities of traditional leadership. The inauguration of a democratic government introduced new democratic laws that gave birth to the local government system, where points of conflicts were noted between local government and traditional councils. Local government were given a jurisdiction that encompasses areas of traditional authorities and empowers them to administer land matters and integrate disjointed South African communities. This empowerment of local government created a situation where responsibilities of demarcating and allocating stands by traditional leaders, was no longer in the hands of traditional leaders, who were not using any defined method or plan, but were using indigenous experience to subdivide and allocate stands, while local government was empowered to use land development tools to guide development. The history of planning has been revisited in this chapter to verify some correlation or lessons that can be leant form the early planning and indigenous and cultural planning. Theories of planning also look at prevalence, systems and approaches. The information Parlicipation of traditional leadership on spatial planning and land use management in the Mpumalanga Province 30 unveiled in this chapter partially provides a clue about the research question , as well as to provide a scope of accommodating the roles that can be played by traditional leadership and a platform of creating a collaborative working relationship between traditional leadership and municipal councils . It also presents lessons and experience built through the journey which has been travelling in terms of planning and has resulted to the current planning system. The chapter also gives an interpretation of planning actions that have been undertaken by traditional leadership all along, the extent of merging indigenous practices and the planning function that are vested with municipal councils. Participation of traditional leadership on spatial planning and land use management in the Mpumalanga Province 31 I Chapter 3 METHODOLOGY I 3.1 INTRODUCTION This chapter outlines the methodology used in this study and the theoretical background of the research design. According to Leedy and Ormrod (2014:19), a scientific research method is when a research process ventures into the insight of the unknown reality of a matter and provides an observation. The writers further explain that identifying a problem and a question to be answered by the research, leads to identification of sources of information. A balanced research is supported by literature and interaction with individuals or organisations identified as key sources of information (Leedy & Ormrod, 2014:79). According to Maxwell (2008:224), planning to carry out a study requires a selection of a method based on the problem identified and stimulates the flow of information to a conclusive outcome. According to Leedy and Ormrod (2014:2) research is a systematic process of providing a solution to uncertainty by collecting, analysing and interpreting information in order to present an understanding where there were inconclusive views. Welman et al. (2008:18-92) provide a number of research typologies and scientific research designs. Based on the different qualities of the different research methods, the research topic of this report is best suited with the qualities of a qualitative methodology. According to Welman (2005:8), a qualitative research method seeks to establish a socially constructed nature of reality. In this study, the perceptions around participation of traditional leadership in spatial planning and land use management is such a reality and has been practiced in different eras and different parts of South Africa (see Figure 1.1) . 3.2 RESEARCH DESIGN 'l A research design is defined by Kumar (2014:122) as·. .a : -road map, which is followed in a process of conducting a research, to answer the research question of the study as accurately as possible. According to Thyer (1993:94 in Kumar, 2014:122) a research design is defined as a blueprint or a plan which outlines how a research study will be conducted to its completion. In simple terms, a research design is a projection of events and strategies to guide the research process. The design of this research commenced by conceptualisation of the research report framework which includes introduction of the research, literature review methodology which introduces data and the outcome of the research. The introduction was Participation of traditional leadership on spatial planning and land use management in the Mpumalanga Province 32 based on introducing the subject topic and outlines the problem, question and objectives of the research. Based on the topic and the questions, resources of information were identified as primary sources and secondary sources as well as a method to be used were identified. The research design of this report required selection of a method which will unveil the historic information about the research topic, observations from different sources which include existing literature and data collection in a form of questionnaires from identified participants (Welman et al. 2005:188). Primary and secondary information collected through surveys and the literature review are compared and analysed to provide a conclusion on a research. According to Beverley (1998:12), not all qualitative data requires direct interaction with participants; however, where valuable information is readily available, that information can be used as secondary data. One major component of the research is the collection of primary data from participants as identified by the research topic through meetings and interviews; the participants of this research report are the traditional leadership and municipalities. An opportunity to venture into a collaborative survey team on traditional leadership and municipalities, presented itself when the Department of Rural Development and Land Reform (DRDLR) was planning to undertake a survey on traditional leadership and their practices on land use management. The researcher of this report joined hands with the DRDLR survey team and used the survey meetings schedule of the DRDLR to access primary information of the report. During the survey process fifty-eight traditional authorities in the Mpumalanga Province were successfully interviewed and nine municipal officials who are responsible for planning from each of the nine local municipalities that are harbouring traditional councils within their areas of jurisdiction were also interviewed (see Figure 1.6 and Table 1.1) . The DR DLR project is a feasibility study on land use management and land use practices in areas of traditional authorities in the Mpumalanga Province. For the benefit of this research report, the information gathered during the survey, which was a joint effort undertaken by the researcher and DRDLR, was summarised and grouped into ten key essential responses correlating to the research questions, to obtain a viewpoint from the participants. 3.3 RESEARCH METHODOLOGY A research methodology refers to the processes, principles, and procedures by which a research problem is approached and answers or solutions sought. A research methodology focuses on the research process and the tools, as well as procedures to be carried out (Kumar, 2014: 172). Creswell (2003: 18) indicates that strategies and methods culminate to a Participation of traditional leadership on spatial planning and land use management in the Mpumalanga Province 33 research approach. The three most used approaches tend to be quantitative, qualitative or a mixed approach. Each research topic requires the most suitable methodology which will make the progressive flow and interconnection of evidence to lead into a finding. The comparison between the two most used methodologies - the qualitative and the quantitative methodology- are outlined as follows: • A quantitative study requires concepts, variables, hypotheses and method of measurement, and these measurements need to be defined before the commencement of the study and must remain the same throughout the process. Quantitative methods include measuring of variables to define the outcome (Leedy & Orm rod, 2010:95). • A qualitative research method is more holistic, with a focus to design measurement and interpretations of information ranging from primary to secondary sources. A qualitative researcher approaches a research with an open mind, prepared to engage with the complexity of the situation and interact with the participants without creating any expectations. The method leads to classification of data, leading to grouping of information, patterns and theories that help to provide views and findings of the main subject under study (Leedy & Ormrod, 2010:95). A qualitative methodology usually has two common characteristics: Firstly, it focuses on an existing reality that emanates from natural settings of things and, secondly, the recognition that the investigated issues have many dimensions and layers of information (Leedy & Orm rod, 2010:95). According to Welman et al. (2005:188), a qualitative research can be described as an approach rather than a design. Beverley (19982) indicates that a qualitative research is concerned about providing explanations of social phenomena, which help to create and understand our surroundings and why things are the way they are. A qualitative methodology is concerned with the social aspects of the world around us and it seeks to answer questions about the why, what and how. Qualitative research encompasses examining the characteristics or qualities that cannot be reduced to numerical values. Qualitative research produces descriptive data around the participant's beliefs and values that underlie the phenomena. The qualitative researcher is concerned about understanding instead of explanation; naturalistic observation as opposed to controlled measurement, and the subjective exploration of reality from the perspective of an insider as opposed to the outsider perspective (Leedy & Ormrod, 2014:97). Participation of traditional leadership on spatial planning and land use management in the Mpumalanga Province 34 Based on the analysis and qualities of a qualitative methodology, the methodology which was selected is the qualitative method. The selected methodology assisted in organising and identifying key milestones of the research, such as how to structure the research, what information and data to gather, how to analyse the information and to conclude the research. 3.4 DATA COLLECTION According to Leedy and Ormrod (2014:153) a qualitative research uses multiple ways and means of collecting data; the means of collecting information ranges from observation, interviews, objects, written documents, audio and visual information, electronic media and any other source of information that can be useful for the research. Preparation of this research has considered two main methods of data collection: firstly, collection of primary data through surveys and interviews; and secondly, collection of secondary data from written documents. According to Hancock (1998: 12-13), the process of data collection in a qualitative method does not always require a direct interaction with the people. Hancock suggests that a wide range of written materials can be used to provide qualitative information. Resources of data for this report were identified, accessed and used to provide detail background information on the literature review of the research report. Secondly, the primary information sourced during the survey conducted on fifty-eight (58) traditional councils of Mpumalanga and nine municipalities where the 58 traditional councils are hosted (Table 1.1 ). 3.4.1 Primary data collection The research topic is participation of traditional leadership in spatial planning and land use management matters in the Mpumalanga Province. Traditional leaders are the key role players in this research report and municipal officials are secondary role players as their role is to provide a perspective from the local sphere of governance, because both authorities are sharing common interest with the traditional leadership regarding communities and land. Therefore, the primary data resource for this report is all the traditional leadership of the Mpumalanga Province and the nine municipalities that consist of traditional authorities within their boundaries. All traditional councils in Mpumalanga were targeted for the engagement session and only two out of the 60 were not available, while the rest (58 traditional councillors) were very keen to participate, especially when they heard that the DRDLR will be part of the engagement session. The enthusiasm to participate in an interview which deals with land matters around Participation of traditional leadership on spatial planning and land use management in the Mpumalanga Province 35 their area of jurisdiction shows the willingness of traditional leaders to engage with any sphere of government to deal with the challenges and future plans on their areas. The nine municipalities in the Province of Mpumalanga which encompasses traditional councils within their areas of jurisdiction were engaged and also responded positively to the engagements, including honouring the meetings and responded eloquently. In total , the combined number of participants from the traditional leaders to the municipal officials is 67 responses. The primary data collection by means of interviews was structured and collected over a period of four months. The interval of engagement includes making appointments, rescheduling of meetings, as well as scheduling and meeting with municipalities. The series of meetings were prepared and attended per traditional authority and per municipality as follows: 3.4.1.1 Municipalities and traditional councils under the Ehlanzeni District Municipality Nkomazi Municipality: There are eight (8) traditional councils in the Nkomazi Local Municipality (Table 1.1) and they are listed as follows: Matsamo, Mhlaba; Siboshwa, Lugedlane, Hhoyi, Mlambo; Mawewe and Lomshiyo (shared between Nkomazi and Mbombela Municipality). All Interviews organised with traditional councils under the Nkomazi Local Municipality were successful. Bushbuckridge Municipality: There are ten (10) traditional councils within Bushbuckridge Local Municipality and they are listed as follows: Moreipuso; Thabakgolo; Malele; Sethlare; Amashangana; Moletele Mnisi; Jongilanga; Hexane and Mathibela. Interviews with Bushbuckridge traditional councils were successfully conducted. Thaba Chweu Municipality: There are three (3) traditional councils in this municipality and they are listed as follows: Mashilane; Mohlala and Mogane. Interviews were successfully held with the three traditional councils in Thaba Chweu Local Municipality. Mbombela Municipality: There are eight (8) traditional councils in the Mbombela Municipality and they are listed as follows: Mpakeni; Msogwaba; Mbuyane; Gutshwa; Mdluli; Masoyi and Nkambeni. Consultation meetings were held with all traditional councils except for Gutshwa and Mdluli traditional councils. The two traditional councils did not accept the request for interviews or avail any members of the traditional council to attend the interviews. Participation of traditional leadership on spatial planning and land use management in the Mpumalanga Province 36 3.4.1.2 Municipalities and traditional councils under Gert Sibande District Chief Albert Luthuli Local Municipality: There are thirteen (13) traditional councils that are within the area of jurisdiction of the Chief Albert Luthuli Municipality: Emjindini, Mantjolo, Embuleni, Mandlamakhulu, Somcuba-Bhevula, Enkhaba, Ebutsin i, Enikwakuyengwa, Duma, Emfumbeni, Madlangampisi, Mpisikazi and Ndlela. Attendance and responses by the members of the traditional councils was exceptionally good and the traditional leaders (chiefs) of eMjindini, Mantjolo, Somcuba-Bhevula, Duma, Madlangampisi, eMfumbeni and Mpisikazi traditional councils participated in the interview process. Mkhondo Local Municipality. There are four traditional councils under Mkhondo Local Municipality and they are listed as follows: Mahlaphahlapha, Ogenyaneni, Madabukela and KwaDwalaza traditional councils and the interviews proceeded well. Dr Pixley Kalsaka Seme Municipality: There is only one traditional council in Dr Pixley Kalsaka Seme Municipality. The traditional council is known as Lekgoetla Traditional Council and the engagements went well. Traditional councils in Nkangala District Municipality. Thembisile Hani and Dr JS Moroka Municipalities are the only two municipalities in the Nkangala District that have incorporated traditional authorities in their areas of jurisdictions and these municipal ities were previously under Kwandebele Homeland (Figure 1.5 & 1.6). Thembisile Hani Municipality: There are five (5) traditional councils within its area of jurisdiction and they are: Manala-Makerana, Manala-Mgibe, Ndzundza-Fene, Ndzundza- Somphalali and Ndzundza-Mabhoko (Table 1.1 ). Dr JS Moroka Municipality: There are nine (9) traditional councils within the area of jurisdiction of Dr JS Moroka Municipality and they are listed as follows: Ndzundza-Mabhoko, Ndzundza-Mabusa, Ndzundza-Pungutja; Bakgatla ba Seabe, Bakgatla ba Mocheche; Bakgatla ba Mmakau; Bakgatla ba Moepi and Barolong ba Lefifi Traditional Councils. All interviews which were conducted with the traditional councils; the responses were exceptionally good, from the requests when arranging the meetings with members of the traditional council (telephonically and hand-submitted letters of requesting meetings) to postponement of meetings. Some of the meetings for interviews were attended by the traditional leaders (chiefs) and their subjects. The second set of consultations was conducted with the nine municipalities, where municipal planners and IDP managers were interviewed. All nine municipalities which are listed as: Participation of traditional leadership on spatial planning and land use management in the Mpumalanga Province 37 Nkomazi, Bushbuckridge, Thaba Chweu, Mbombela, Chief Albert Luthuli, Mkhondo, Dr Pixley Kalsaka Seme, Dr J S Moroka and Thembisile Hani Local Municipalities, were represented by one or more officials. 3.4.2 Secondary data collected According to Hancock (1998:13} there is a wide range and variety of information, as well as material that can support a qualitative data. The information can be useful in situations where background information needs to provide information of the research topic. Information can also include policy documents, annual reports, minutes, presentations, books, articles, notice boards, mission statements, journals and code of conduct. According to Baxter and Jack (2008:554), to accomplish qualitative research has an advantage of enormous data base that supports the accuracy of the report and is available for independent inspection. Data collected as secondary data is detailed in the literature review of this report. The information was gathered in relation to the historical background of traditional leadership, legislation on traditional leaders, assessment of municipal IDPs, the historic background of planning as well as different theories of planning. 3.5 ANALYSIS OF DATA Data collected during the interview processes with traditional councils and municipal ities was analysed, compared and assessed to identify areas of correlation and point of collaboration between traditional leadership and municipalities. The analysis and interpretation of data collected during the survey period provided the in-depth status quo of traditional authorities in the Mpumalanga Province with regard to spatial planning and land use management in areas under their control , as well as the relationship with municipalities. The analysis from the primary source was compared to the secondary information which is broadly outlined in the literature review chapter, therefore a comprehensive analysis of the primary and secondary data is concluded in Chapter 4. 3.6 CONCLUSION The methodology chapter outlined the conceptual framework of the research process; it described the method used to conduct the research which is qualitative. The chapter further clarified the qualities of a qualitative research. The chapter also provided an outline for the research design which identifies the sources of data used for the research ; the primary and the secondary data as well as the method of collecting the information. Traditional leadership Participation of traditional leadership on spatial planning and land use management in the Mpumalanga Province 38 and municipalities were identified as participants for the research, to be interviewed during the contact sessions and the data sourced from the participants was classified as primary data. The secondary data was sourced from documents as written information from different sources, to present existing literature on traditional leaders, municipalities, legislations and planning. Participation of traditional leadership on spatial planning and land use management in the Mpumalanga Province 39 Chapter 4 DATA ANALYSIS 4.1 INTRODUCTION This chapter provides the analytic assessment of information collected during the interviews with the traditional councils and municipal officials. The information was gathered by means of questionnaires, which were populated during the engagement period with the identified participants. The information was grouped, analysed and interpreted into findings. The responses from the participants have been grouped into planning areas. The answers from different traditional authorities and different municipalities were grouped as one where similar, common and comparative answers were received. Where responses to a particular question from a traditional council or municipality differed from the general prevailing response, the answer is specified as a special case under the name of a specific traditional council or municipality. The answers to the questions from the survey are structured to provide information on the research and substantiate the literature to fulfil the research objectives and provide response to the research questions. The main research question is: What role can traditional leadership play in spatial planning and land use management without contravening the roles and responsibilities of local municipalities? The objectives of the research are outlined as follows: • To assess the extent of work done by traditional leadership on land development matters. • To examine the processing of land development applications by traditional leadership in relation to municipalities. • To establish the extent of involvement of traditional councils in spatial planning and land use management. • To find common grounds and to facilitate a collaborative working relationship between traditional councils and democratically elected municipal councils . Participation of traditional leadership on spatial planning and land use management in the Mpumalanga Province 40 4.2 INTERPRETATION OF DATA FROM QUESTIONNAIRES Questions from both questionnaires to the traditional council and municipal officials (see Appendix A and B) were analysed and synchronised into a group of 10 thematic planning areas as follows: 4.2.1 Traditional authorities' cadastral boundaries and land issues The first group of questions in the questionnaire sought responses from traditional leaders on their understanding of the extent of their areas of jurisdictions and boundaries. The indication was that all traditional councils have an understanding of their boundaries , but do not have full control in regulating land uses, especially on properties that are privately owned. The study established that there are traditional authorities that are recognised by the Mpumalanga provincial government that are landless, because land ownership is registered in the communities in the form of "community trusts" and communal property associations. These traditional leaders indicated that the land trusts and communal property associations are not cooperating with them. The traditional authorities where much of the land is privately owned are KwaMadabukela; Ogenyaneni and KwaNdwalaza in the Mkhondo Municipality and Lekgoetla in Dr Pixley Kalsaka Seme Municipality, as well as Kgarudi traditional authority in the Bushbuckridge Municipality. These traditional authorities were previously not under the homeland system, except for Kgarudi in Bushbuckridge. The study also found that, despite clearly defined traditional boundaries, there are some traditional authorities who are in dispute over boundaries of their traditional authority areas. In some cases, these disputes and the contestation over boundaries are so severe that it generates land invasions which are mostly led by the headmen of these traditional authorities. The response from municipalities is that uncontrolled and illegal invasion of land have a negative impact on service delivery programmes of municipalities. 4.2.2 Establishment and extending settlements in areas of traditional authorities All traditional councils indicated that during the previous governments, traditional authorities were assisted with the basic planning of their settlements. The actual demarcation of stands and the work was done by land surveyors from government and locally trained people from traditional authorities. In most cases there were no general plans, but layout plans were Participation of traditional leadership on spatial planning and land use management in the Mpumalanga Province 41 produced. The allocation of sites to needy and qualifying families was the sole responsibility of the traditional councils through their village headmen. The study has also established that traditional authorities are no longer assisted in the basic planning of settlements. The engagement with municipal officials indicated that the majority of municipalities have no capacity and financial means to handle the pressure and demand to assist traditional authorities. The high demand for residential stands in traditional authority areas, coupled with the lack of support from municipalities, results in traditional authorities being forced to demarcate unplanned stands. The demarcations of sites are done by the village headmen and each traditional authority has its own standard size. 4.2.3 Upgrading of land tenure in areas of traditional authorities It has been established that land tenure upgrading projects were initiated by municipalities in some of the areas under traditional leadership. Although these projects are welcomed and accepted by the communities, most traditional councils oppose the upgrading of tenure rights in their communities, mainly for fear that they will lose power and control over their land and communities. Some areas under the direct control of traditional leadership are susceptible to resistance of formalisation because traditional leaders are in fear of losing control over their communities (Nel, 2011: 12). 4.2.4 Land uses and land demand in areas of traditional authorities The study has established that the dominant land uses in traditional authorities' areas are for homestead, subsistence agriculture and grazing. Furthermore, in all traditional authorities the demand for land is mainly for residential purposes, and to a lesser degree, agriculture for subsistence farming and grazing. All traditional councils have raised the concern of very limited or no more land to cater for the needs of their future generations. Traditional councils suggested a number of strategies, and the dominant strategies are: • Government or municipalities must take a leading role in the planning and establishment of settlements in traditional council 's areas. • Conservation of land through proper spatial planning and land use management. • Acquiring additional land for traditional authorities from adjacent farms . .~ t. SfOds- en St . --- ·· .. --- -·- ··-- ~t. Urban ona :). r_eatb~plonnfng ll\; Poe0•u s. . : . ov ~. _!amunn '1 •.# " ,j .., " -.~mfonteJ; 9 -t.• .r. .... .... - ...." . ..... 9.l~ ~ Participation of traditional leadership on spatial planning and land use management in the Mpumalanga Province 42 4.2.5 Challenges faced by traditional councils Challenges that are faced by traditional leadership are associated with land use control and management. Due to limited or no power to enforce any corrective or disciplinary measures against land use transgressors, most traditional authorities are unable to deal with the challenges they face within their areas, such as illegal land invasions and escalation of illegal businesses in some traditional council's areas. The study has established that traditional councils are unable to combat these challenges of land invasion. All the traditional councils interviewed are looking forward to interventions from other authorities to assist them in enforcing land use control in their areas. When the objectives and merits of a municipal land use scheme were explained to the traditional councils they all indicated their willingness to work with their municipalities in developing a municipal land use scheme that will also be applied and enforced in their areas. They all see themselves playing a critical role in the implementation of a land use scheme. The development and enforcement of land use schemes has proven to provide a point of engagement between traditional councils and municipalities. The land use schemes create an opportunity for municipalities to work together with traditional authorities in developing the tool to control land development. The study recommends that municipalities should now start consulting and engaging traditional councils in this process. The Bushbuckridge Municipality has started the process of engaging their traditional council and the process proved to be successful and working traditional councils are attending meetings of the municipality. Other municipalities did not have a plan to engage with traditional councillors. 4.2.6 Land allocation in areas of traditional authorities From the information provided by traditional authorities, it was established that traditional councils are still responsible for allocating land for various uses in their areas. In general, the procedure for allocating land in areas of traditional authorities is similar in all traditional councils' areas and it involves the following steps: 4.2.6.1 Common procedure for acquiring and allocation of residential stands in traditional councils » The applicant approaches a headman (lnduna) or a village leader seconded by the traditional council to look after a village. The headman verifies the availability of land where the applicant is interested in acquiring a residential stand. » The headman interviews the applicant to determine the need for the application site, as well as verification of the background and personal identification of the applicant, Participation of traditional leadership on spatial planning and land use management in the Mpumalanga Province 43 to ascertain the relationship of the applicant with the clan , as well as to prioritise, approve, disapprove or redirect the applicant to the relevant village. )> Once the headman is satisfied with the information given by the applicant, the applicant is shown a site, if the applicant is satisfied with the proposed site, then the headman and his assistants demarcate the site using the applicable measurements in that traditional authority. )> Once the site is demarcated, the applicant is taken by the headman to the traditional office to pay the necessary fees (khonza fees) [see table 4.1] . )> Upon payment of the fees, the applicant is either given a receipt or a receipt with a letter referred to as "Permission to Occupy" (PTO) with the applicant's details and stand number (see Appendix C for a PTO receipt from three random traditional councils of the Mpumalanga Province). )> After the issuing of the PTO, the applicant is allowed to occupy the site. Thereafter the occupant will pay an annual levy once every year (see Table 4.1 ). 4.2.6.2 Procedure for applying and allocating business stands )> The applicant approaches the headman of the settlement or the village where the applicant wants to establish his or her business, and submits a request or an application for a business site. The applicant must indicate the site of preference for the proposed business. )> If the site is still vacant, the headman takes the application to the traditional council for consideration and approval of the business site. )> Once the traditional council is satisfied with the application and the proposed business, the traditional council makes a recommendation to the municipality for final approval and issuing of the business licence. )> Before approval the municipality must ensure that the proposed business will have access to basic services. Once the business site and business application is approved by the municipality, the applicant is then allowed to occupy the site by the traditional council after paying the applicable "khonza" fees (see Figure 4.1) . 4.2.6.3 Fees payable to traditional authorities for land allocation Table 4.1 is a summary of fees charged by traditional councils for land allocation in their areas and the range of minimum and maximum fees charged per stand in traditional councils within one municipality: Participation of traditional leadership on spatial planning and land use management in the Mpumalanga Province 44 TABLE 4.1: SUMMARY OF FEES CHARGED BY TRADITIONAL COUNCILS FOR LAND ALLOCATION IN THE MPUMALANGA PROVINCE GROUPED PER MUNICIPALITY Khonza Fees Municipality Annual levy Residential site Business site 1. Bushbuckridge From R250 to R750 From R2 500 to R5 000 From R50 to R100 2. Chief Albert Luthuli From R60 to R550 From R200 to R5 000 From R20 to R50 3. Dr JS Moroka From R40 to R560 From R1 000 to R2 000 From RO to R20 4. Mbombela From R180 to R350 From R1 000 to R1 300 From R12 to R25 5. Nkomazi From R850 to R 1 500 From R2 500 to R5 000 From R50 to R1 50 6. Thaba Chweu From R250 to R4 500 From R1 500 to R5 000 From R50 to R150 7. Thembisile Hani From R77 to R850 From R1 200 to R1 700 From R40 to R60 Source: Research responses from traditional authorities. Figure 4.1 below illustrates a diagrammatic representation of the common procedures followed by traditional councils to process requests for a residential site. APPLICATION FOR RESIDENTIAL SITE IN RURAL SETILEMENTS APPLICANT FR:JM OUTSIDE Ht: APPLICANT STAYING WITHN THE SETTtEMENT SETTtEMENT Ot/TSICE LODGES APPUCAllON WITH THE TllADITlONAL AUTHORITY A RESIDENT Of Ht: AREA INFORMS THE TFIADfTlONAL COU~IL ABOVT APPLICATION IS LODGED WITH THE----------W/TH/JH~- ----' TRADITIONAL AUTHORITY KNOWLEDGE Of THE APPLICANT t PAYS AFl'IUATION FEE THAT IS DETERMINED BY CONCE~ED TFIADfTIONAL COU~IL i TRADITIONAL AUTHORITY AUTHORITY REOUESTS LETTER OF GOOD A STAND, WITH THE SIZE STANDING FR:JM Ht: SETTLEMENT • DETERMINED BY THE TRADmONAL WHERE THE APPLICANT COU~IL, IS REGISTERED AND PREVKlUSL Y RESIDED ALLOCATED TO THE APPLICANT APPLICATION FOR RESIDENTIAL LAND APPROVED Source: Fourie (201 5:10). Figure 4. 1: Common engagement procedures followed by traditional councils to process a request for a residential site Participation of traditional leadership on spatial planning and land use management in the Mpumalanga Province 45 Figure 4.2 below illustrates a diagrammatic representation of the common procedures followed by traditional councils to process requests for a business site. APPLICATION FOR BUSINESS IN RURAL SETTLEMENTS A PPLICANT F~M OOTSICE THE APPLICANT STAYING WITHN THE SETllEMENT SETllEMENT LODGES APPLICATION WITH TtE TRADmoNAL AUTHORITY Of.ITSDE- -..., PAYS AFfRJATION FEE THAT IS DETERMINEO BY PAYS AFFILIATION FEE THAT IS DETERMINEO BY M- -------WITHl'N- -- CONCEA'lED TRAOmONAL CONCEA'lED TRAomONAL COUNCIL. COUNCIL. .----ours T RAOITIONAL AUTHORfTY THE TRADm ONAL COUNCIL REQUESTS LETTER OF GOOD STANDING F~M THE SETTLEMENT WHERE TIE APPUCANTPREVIOUSLY RESIDED AVTHORllY OUTSIDER .------W11H IF THE COMMLNITY GIVES APPROVAL THEN THE APPLICATION IS FORWARDED TO nE HEADMAN IS INSTRUCTED TO TRADITIONAL C OJNOL FOR CONSICERATl:JN ----MAKE LAND AVAILABLE TOTI£ APPLICANT AND APPROVAL STAND IS REGISTERED AND LAND FOR BUSINESS PURPOSES ALLOCATED TO TtE APPLICANT APPROVED Source: Fourie (2015: 11 ) Figure 4.2: Common procedures followed by traditional councils to process a request for a business site Through the interviews it was established that all traditional authorities in the Mpumalanga Province charge site application fees called a "khonza" or "lotsha" fee, a once-off payment paid by an applicant when the traditional authority office allocates land to the applicant for residential or business purposes. The application fees are used to run office administration of the traditional councils. The stand application fee varies greatly from one traditional authority to the other (see Table 4.1 ). The study reveals that all traditional councils in Ehlanzeni and Gert Sibande Districts also charge an annual tribal levy to each household in their areas of jurisdiction. This is another area of raising funds for running a traditional authority office. This amount also varies from one traditional authority to the other. The study has found that the majority of traditional councils in the Nkangala District do not charge the annual levy. According to traditional councils in Nkangala the charging of the annual fees was revoked by the fo rmer homeland Participation of traditional leadership on spatial planning and land use management in the Mpumalanga Province 46 governments and the decision to cancel the annual fee levy came from the general understanding that the majority of households in that region are no longer paying this levy. 4.2.7 Improving the level of communication between traditional councils and municipalities The study has found contradicting responses from traditional councils and municipal officials on the level of communication and engagements. Traditional councils indicated that they are not involved by municipalities when projects are planned and implemented in the areas of traditional authorities. Municipal officials indicated that traditional councils are consulted when projects are planned and implemented in the areas of traditional authorities. However, the study reveals that the level of consultation was mostly not at the project planning stage, but generally in the implementation stage. Most municipalities relied on ward councillors and ward committees to perform the consultation at the traditional council level. The study has found that although some ward councillors perform this function excellently and improve their working relationship with their traditional councils , there are some who are still struggling to bui ld a good working relationship. The study has revealed that the ward committee system does not incorporate members of the traditional council. 4.2.8 Understanding of traditional councils about the constitutional and legislative mandate of municipalities on spatial planning, land use and land development The study reveals that traditional councils are not capitated on legislation that regulate spatial planning land use management. However, they have indicated their willingness to cooperate with the municipalities in all the processes of formulating and implementation of these policies. Their cooperation is dependent on the willingness of the municipalities to engage with them, with no hidden agendas or taking over their powers on their land. Traditional leadership believes that they are capable of playing a key role in the development and implementation of such policies because of their vast experience and knowledge of their areas and that they are still respected by their communities. The study has established that the willingness to cooperate with th is legislative mandate of municipalities is based on the fact that almost all traditional authorities in the Mpumalanga Province are faced with serious challenges with regard to unlawful occupation and use of land in their areas. Most of the traditional authorities are struggling to manage land uses in Participation of traditional leadership on spatial planning and land use management in the Mpumalanga Province 47 their areas. Currently they do not have any policy to guide them in dealing with land management issues. In addition, there is no visible assistance that they receive from the national and provincial governments with regard to the aforementioned challenges. From the interviews conducted with the traditional leaders it transpired that traditional councils are eager and willing to work with municipalities on spatial planning matters (which provide a future guide in terms of development), as well as land use management (which controls development in an area). To promote cooperation between traditional authorities and municipalities, the study suggests that national, provincial government as well as the South African Local Government Association (SALGA) must play an important role in facilitating the mutual relationship of the two houses of authority. Section 5 of the TLGFA (SA, 2003), stipulates that both national and provincial governments must promote partnerships between municipalities and traditional councils through legislative or other measures, as confirmed by all the traditional councils interviewed. The Act further stipulates that any partnership between a municipality and a traditional council : • must be based on the principles of mutual respect and recognition of the status and roles of the respective parties; and • must be guided by the principles of cooperative governance (SA, 2003, Section 5). 4.2.9 The level of consultation and engagement of traditional authorities in the compilation of municipal Integrated Development Plans The study has established that traditional councils would like to see projects implemented in infrastructure development in their areas, as they were the main facilitators of development in their areas during the old government system of homelands. The IDP municipal consultation process does not sufficiently take the traditional councils on board. As confirmed by the municipal officials, most municipalities only consult traditional leaders at the IDP Stakeholder Representative Forums when the IDP process is about to be finalised; therefore, traditional leaders are unable to engage meaningfully. In the rural areas of Qwaqwa, Duma (2015:53) made a finding about IDPs and traditional leaders, and confirmed that traditional leaders in Qwaqwa are complaining about the IDP process, where their involvement is at the stakeholder level where the process is about to be finalised, while traditional leaders would like to be part of the IDP process from the beginning. Sekontela (2014:74) made a finding about IDPs in rural areas that the IDP focuses more in detail in urban areas as compared to rural areas. Participation of traditional leadership on spatial planning and land use management in the Mpumalanga Province 48 Most traditional councils interviewed expressed dissatisfaction about the process of preparing IDPs as they feel that they are not given enough time to deliberate on the developmental challenges in their areas. In a proposal to address the dissatisfaction, the traditional authorities recommended that municipalities must consult and engage traditional leaders on an individual basis. This proposal will provide sufficient time to traditional leaders to familiarise with the process and contribute profoundly. Most of the traditional councils prefer that after the municipality has met with the community to prioritise projects, municipalities must then meet with the traditional council to also get their inputs. They further indicated that they also prefer to appear in front of the communities during the IDP consultation process, standing next to the municipal representatives to demonstrate that they are working together with municipalities. 4.2.1 O The level of consultation and engagement of traditional councils during the compilation and implementation of municipal policies on spatial planning, land development and land use schemes. Most of the municipalities have not engaged their traditional councils during the compilation of their municipal SDFs. Where municipalities claimed to have consulted and engaged their traditional councils, it was indicated that the consultation was conducted at a stakeholders' forum only, where, according to the traditional council , the engagement was insufficient. The study has established that most municipalities in Mpumalanga have some form of a draft land use scheme. These are currently only in a draft format as most of the schemes were developed before the promulgation of the SPLUMA and therefore need to align to SPLUMA and the relevant Municipal By-law on spatial planning and land use management. Most of the municipalities that host traditional councils within their area of jurisdiction have acknowledged that in the event of preparing their land use scheme they have not yet consulted with their traditional councils . Of the nine municipalities that host traditional councils, only Bushbuckridge indicated that they consulted their traditional councils (the names of traditional councils under the Bushbuckridge Municipality are specified in Table 1.1) . During the interviews, the Bushbuckridge municipal officials indicated that they are currently reviewing their draft land use scheme and have incorporated a programme to consulting and build capacity to individual traditional councils within their area of jurisdiction. = Streekbep1onn1ng UV t. Stodns a- ned n nlliP UtbO ,.,.-.:.,., ..,.• . .i n·nol ?ta nnlno t 1 • • fOS b US·1.I "•' .·' ) · "'•O X 339 ~\ooml onte\n 9"\ ' \0 Participation of traditional leadership on spatial planning and land use.management in the Mpumalanga Province 49 4.3 ANALYSIS OF MUNICIPAL INTEGRATED DEVELOPMENT PLANS IN RELATION TO TRADITIONAL LEADERSHIP The post-apartheid era and the introduction of democracy in South Africa came with the introduction of statutory change in order to affirm democracy, the establishment of local government and the recognition of traditional leaders by the Constitution was also in line with the development of functional local government (Khunou, 2011: 281). Local government's functions are stated in the Constitution (SA, 1996), which includes land development planning of areas under their jurisdiction and roles to be played by traditional leadership in relation to the municipal function of land administration (George & Binza, 2011 :955). The fragmented planning system inherited by the democratic South Africa required a new approach in terms of redressing the past (Nel, 2015:2), the introduction of new legislation which seeks to integrate and involve communities in the governance, that change government planning from being imposed in a top-down approach and allow communities to be involved in development of their areas. The introduction of IDPs through the MSA (SA, 2000); SDFs and land use schemes through the SPLUMA (SA, 2013). The government planned to incorporate traditional authorities to be part of the developmental local government. Most importantly in rural areas, the MSA (SA, 1998a) confirms the involvement of traditional councils to local governance and that they should be consulted in development planning at local level (Beall et al., 2004:465). There are nine municipalities in Mpumalanga that have incorporated traditional authorities (see Table 1.1) , namely: • Mbombela Local Municipality with eight traditional councils . • Nkomazi Local Municipality with eight traditional councils. • Bushbuckridge Local Municipality with ten traditional councils. • Thembisile Hani Local Municipality with five traditional councils. • Dr JS Moroka Local Municipality with nine traditional councils. • Mkhondo Local Municipality with four traditional councils. • Dr Pixley Kalsaka Seme Local Municipality with one traditional council. • Chief Albert Luthuli Local Municipality with thirteen trad itional councils . • Thaba Chweu Local Municipality with three traditional Councils. Municipal IDPs where there are a high number of traditional councils (eight or more) have been assessed on the bases of working relationship. Participation of traditional leadership on spatial planning and land use management in the Mpumalanga Province 50 According to the IDP for Mbombela Local Municipality (2014-15:16), traditional councils were scheduled to be consulted during the consultation of stakeholders. However, the IDP indicates that the meeting which was organised for consulting traditional authorities did not take place due to unavailability of representatives from the traditional councils. It was further indicated that the consultation will be rescheduled after the approval of the IDP. Nkomazi IDP (2013-2014:38) indicates that there are eight traditional authorities under its area of jurisdiction and that the traditional council areas occupy approximately less than half of the total area of the municipality. The IDP does not mention any engagement schedule with traditional councils, but it talks about consultation at ward level. The SDF of the Nkomazi Municipality has further provided local SDFs of traditional councils and their villages. However, there is no consultation plan for the traditional councils. The SWOT analysis of the Nkomazi SDF (2013-14: 164) shows that all traditional councils under the Nkomazi Municipality indicated that there is a lack of coordination between traditional authorities and the Nkomazi Municipality. Bushbuckridge Local Municipality have 1O traditional councils. The Bushbuckridge IDP (2014-16:30-31) indicates that the Municipality is in a good relationship with the traditional authorities. In a council resolution of 2010, it was resolved that traditional leadership will participate in all the municipal council sittings and will be paid a sitting allowance. The district house of traditional leaders is allocated an office within the offices of the municipality. The municipality has established a traditional mayor's forum, where issues concerning land matters are discussed, such as land tenure, land invasions and provision of service. Dr JS Moroka Municipality has nine traditional councils. The IDP of the municipality (2014- 15: 147) in their SWOT analysis indicates that to have traditional councils in their area of jurisdiction is an opportunity; however, there are no programmes indicated on the IDP where traditional councils will be engaged. In the IDP it is stated that most of the villages in Dr JS Moroka falls under the traditional councils as state land (see figure 1.6) the percentage of land under traditional councils is 84%. The remaining 16% is for the two proclaimed townships, which falls under the municipality. The IDP of the municipality is probing the possibilities of transferring the state land to the municipality tor proper administration. Chief Albert Luthuli LM has 13 traditional councils. The IDP (2007-11 ) is not indicating plans to work with traditional councils; however, the IDP (2007-11 :40) of the municipality states that there should be a close working relationship between Chiefs (Amakhosi) and the municipal councillors, especially when conducting community consultations. Participation of traditional leadership on spatial planning and land use management in the Mpumalanga Province 51 Dr Pixley Kalsaka Seme Local Municipality has one traditional authority. The IDP does not state much about the role of the traditional leadership in the municipality; however, the IDP (2014-15:18) of the municipality indicates that Amakhosi (chiefs) should work together with the municipality in conducting community consultations; no strategies are put in place. 4.4 CONCLUSION The analysis of data received during the survey of the participants unveils that the relationship between traditional councils and local government in most instances is not defined, and as a result there is a lack of consultation between the two authorities. In some instances, local government reports that traditional leaders are proceeding with the demarcation and allocation of stands for their communities as it was done previously, without the involvement of local government. Traditional leadership also indicates that local government proceeds with development even in traditional areas without their involvement. Based on the above analysis, it is recommended that municipalities need to take traditional councils on board throughout the stages of compiling and reviewing their IDPs. The analysis also discovered that traditional authorities have a huge influence and control over their communities and land management in their areas of jurisdiction. The findings took into consideration the secondary data information from the literature review. The assessments of municipal IDPs, as well as the analysis of primary data, are displayed in detail in the next Chapter. Participation of traditional leadership on spatial planning and land use management in the Mpumalanga Province 52 Chapter 5 FINDINGS II II 5.1 INTRODUCTION This chapter provides the finality of the research process where the collected data and the analysed information deliver the outcome of the research. The analysis section was an interpretation of data from different sources, primary and secondary, while the findings section correlates the analysed information to provide a final standpoint of the report, in relation to answering the main research question. This chapter also established whether the research managed to deliver in terms of its objectives as well as providing information where there were uncertainties in terms of existence, functioning and future role of traditional leadership. The primary data was collected by means of questionnaires from the identified participants. The information sourced during the survey period was collated and grouped into 1O thematic areas to cover a range of issues on land administration and development in relation to the existence of municipalities and their functions. The survey answers and the literature review provided the direction of a general view on the research topic. TABLE 5.1: SUMMARY OF RESPONSES FROM THE PRIMARY SOURCE OF DATA Responses Questions Recommendation Traditional Leadership Municipalities 1. Understanding of extent Most traditional councils Municipalities have the Municipal SDF must of traditional councils' know their boundaries, knowledge of the clearly indicate traditional boundaries and available illegal demarcation of cadastral boundaries of areas and future land stands is used as a traditional leadership developments. weapon acquire adjacent boundaries; illegal land. occupation of land makes it difficult to provide services. 2. Development of new There is high demand of Municipalities are under- Municipalities should settlements and extension stands in rural areas and capacitated, therefore prioritise orderly of existing settlements no assistance from cannot keep up with the development in traditional government; traditional demand. areas through councils are forced to engagement processes. demarcate and allocate sites to applicants without a formal layout plan. Participation of traditional leadership on spatial planning and land use management in the Mpumalanga Province 53 Questions Responses Recommendation 3. Upgrading of land Traditional leaders are not Municipalities are in favour A method of tenure which tenure rights in areas of in favour of upgrading the of land tenure upgrading, will accommodate both traditional authorities existing land tenure from because it is a method parties must be used. PTOs to title deeds, which will make the According to Campbell because they think that municipality to account for et al. (2008:49), there is they will lose control over land within their flexible land delivery their communities, they jurisdiction and formalise method, where occupants indicated that the the informal villages to of land in a non-formalised communal system does have some sort of settlement are registered not discriminate whether registration of land and in a Registrar of Land and one is poor or rich, they ownership. can hold a Starter Title communities have equal which is in a form of access to land. communal set up. 4. Land use and demand Traditional authorities Municipalities are noting Traditional councils of land in areas of have indicated that there the demand and limited recommended that traditional authorities is a huge demand of land land within traditional involvement of within areas of traditional authorities, and need to government in guiding authorities; the main land engage traditional councils traditional councils about uses are residential or in terms of spatial implementing spatial plans homesteads, business development plans. and land use schemes; sites and areas for they also recommended communal subsistence that government should farming. purchase adjacent properties for traditional authorities. 5. Challenges faced by Traditional leaders have Municipalities have There was an indication of traditional councils in raised a concern about indicated that the impact willingness of both terms of land uncontrollable illegal of illegal land occupation authorities to work administration occupation of land within is also a challenge to together in land their areas, with no municipalities, because administration . mechanism to combat that puts pressure on the such; however, when the existing infrastructure and effect of land use services. schemes and SDFs were explained to them they indicated to be interested in the control land use mechanism. 6. Land allocation in areas Allocation of land by Municipalities are Municipalities must play a of traditional authorities traditional authorities to indicating the lack of pro-active role of their communities is capacity from their side to engaging traditional proceeding in the same take over the responsibi lity leadership about the method which was used of planning, and subdivide advantages of formal previously; traditional stands according to planning for land authorities have their own required standards and allocation, and provide traditional way of land uses. layout plans in areas of allocating land outlined in traditional authorities. the analysis chapter (Figure 4.1 and 4.2) Participation of traditional leadership on spatial planning and land use management in the Mpumalanga Province 54 Questions Responses Recommendation 7. The level of The general outcome in Municipal officials Municipal officials must communication between terms of level of indicated that traditional specifically engage traditional councils and communication between councils are consulted traditional authorities; a municipalities the two authorities is poor. when projects are planned kind of programme of Traditional councils and implemented in the regular meetings should indicated that when areas. However, the study be scheduled between the projects are planned and reveals that the level of two authorities. implemented in areas of consultation is mostly not their authorities, they are at the project planning not consulted. stage, but generally on the implementation stage. 8. Understanding of RSA Traditional councils are Municipalities understand Municipalities must Constitutional not capitated on legislation their legislative obligation; develop a programme to responsibilities and that regulates spatial however, due to capacity train traditional leadership legislative mandate of planning land use constraints, they have not on legislative municipalities and management. However, yet built capacity on requirements in terms of traditional leadership on they have indicated their legislative requirements land matters. spatial planning and land willingness to cooperate on both authorities. use and management with the provision of law and work with municipalities in all the processes of implementation of the law requirements. 9. The level of There is a generally Most municipalities Municipalities must consultation and dissatisfaction about engage traditional councils prepare a special engagement of traditional involvement of traditional in a general manner, programme to engage and authorities in the leaders during the where they are classified train traditional authorities compilation of municipal compilation of municipal with other stakeholders, about IDP, SDFs & land Integrated Development IDPs, a research about although the use schemes. Plans (I DPs) traditional authorities and Bushbuckridge IDP from two other Municipality has indicated researchers (Duma & a programme of engaging Sekontela) indicates that their traditional councils. traditional councils and their rural areas are not involved in the process of developing IDPs. 1O . The level of Traditional councils Municipalities engaged Municipalities must consultation and indicated that they were traditional councils as prepare a special engagement of traditional not involved during the stakeholders; therefore, programme to engage and councils during the compilation of SDFs and there is still no train traditional authorities compilation of land use land use schemes. understanding of SDFs about IDP, SDFs & land schemes and SDFs and land use schemes by use schemes. traditional councils. Pat1icipation of traditional leadership on spatial planning and land use management in the Mpumalanga Province 55 TABLE 5.2: ANALYSIS AND FINDINGS FROM THE SECONDARY DATA SOURCES - Secondary and documented Area of interest In terms of the Information about traditional Recommendation research leadership 1. Land allocation in areas of Historically, in terms of traditional Traditional leaders can be involved traditional leaders leaders' land allocation was the for their views and traditional authority's responsibility. recommendations on land matters which are under thei r area of jurisdiction, but not to take a decision. The extent of involvement must be agreed between municipalities and a traditional authority by signing a service level agreement. 2. Legislative outline in relation to The Constitution of RSA A closer call to traditional councils traditional authorities' mandates recognises traditional leadership is made by the SPLUMA but it, requires National & Regulations (SA, 2015, Regulation Provincial sphere of Government 19), when it recommends that to further provides for the roles and traditional councils must sign a responsibility of traditional service level agreement with leadership, the other laws such as municipalities in order to clearly the TLGFA (SA, 2003) MSA (SA, define the roles and responsibilities 1998) encourages traditional of the two authorities. councils to support initiatives by municipalities. 3. Involvement of traditional The assessed IDP of the nine Municipalities must fully engage leaders in municipal IDP Municipalities only three indicated with traditional leaders in order to that they took consideration of develop a solution to contribute to involving traditional council and an improved land development in from the three one municipality rural areas as well as in areas of have successfully engaged with its traditional councils. traditional council. 4. History and theory of planning History of planning have no link to History of planning evolved with in relation to traditional methods of traditional planning, history of time from a rigid, blue print plan, planning planning is associated with colonial characterised with top down act as well as reactive planning approach, while Morden planning is due to a demand caused by a associated with democratic particular historic event. principles, consultations, community driven, bottom up approach and flexibility. Participation of traditional leadership on spatial planning and land use management in the Mpumalanga Province 56 TABLE 5.3: RESEARCH OBJECTIVES Research Objectives Outcome from the Research 1. To assess the operational extent of traditional In their area of jurisdiction traditional leaders are still leadership on land development matters driving land development; most of the municipalities have not yet developed a working relationship with traditional council in order to put a halt or to assign traditional leaders with function relevant to customary and less to areas that requires specialised proficiency. 2. To investigate the processing of land development The study reveals that traditional leadership have their applications by Traditional leadership in relation to method of processing land development application, municipalities which does not involvement any municipal process, it is a system which is not prescribed anywhere and it is based on indigenous way of processing land allocation and is common in most of the traditional councils (Figure 4.1 & 4.2). 3. To establish the extent of involvement of Currently there is no involvement of traditional leaders Traditional Councils in spatial planning and land use in spatial planning and legit land use management, management the introduction of SPLUMA gave powers to municipalities which are subsequent to the pronouncement of the South African Constitution. The main issue is capacitated traditional leaders on SPLUMA application, they will then be able to identify themselves with SPLUMA, the SPULAMA Regulation 19 provides a platform of traditional leaders to enter into agreement with municipalities and agree on extent of involvement of each other. 4. To find common ground to facilitate a collaborative From the engagement session with the participant's, working relationship between Traditional Councils and which are: traditional leaders and municipalities, it was democratically elected Municipal Councils established that they both want to work together because they share the same space and communities. Municipalities have the legal responsibility to regulating land use and traditional leaders have pointed out their inability to curb illegal land inversion. Therefore, there is a mutual benefit for both authorities in working together and agree to share their area of expertise. The objectives of the study were met as indicated in Table 5.3 and the research questions were successfully answered by the research process; the information gathered during the research process from different sources has provided sufficient information to provide what was the purpose of the research and is illustrated in Table 5.4 and Table 5.5. Participation of traditional leadership on spatial planning and land use management in the Mpumalanga Province 57 TABLE 5.4: THE SUB-QUESTION OF THE RESEARCH Question Finding 1. How relevant is traditional leadership in implementing The research discovered that traditional spatial planning and land use management? authorities have a huge influence and control over traditional communities, which are under their areas of jurisdiction, therefore their role in spatial planning and land use management is very important. 2. What complementary role can Traditional Leadership The role of traditional leaders must be discussed play to enhance the functions of municipalities around with their municipalities where each authority must land development controls? identify its area of strength where a service level agreement can be signed. 3. How can prescripts and guidelines for land Traditional leadership and municipalities must development control be successfully introduced into the work as a unit, where traditional leadership must daily operation of Traditional Leadership? be represented in municipal council meetings and municipal representatives must attend all traditional council meetings. Therefore , the operation of traditional council will be guided by the municipal plans such as the IDPs, SDFs, LUSs & by-laws. The main research question is: What role can traditional leadership play in spatial planning and land use management without contravening the roles and responsibilities of local municipalities? The research question was incited by the main topic of the research, which generated areas of concerned and was interpreted as problem statement. The answer of the research question is deliberated in Table 5.5. Participation of traditional leadership on spatial planning and land use management in the Mpumalanga Province 58 TABLE 5.5: THE MAIN RESEARCH QUESTION Research Questions Findings from Deliberations What role can traditional leadership play in spatial Historically the institution of traditional leadership was planning and land use management without involved in some form of land administration which contravening the roles and responsibilities of local included demarcating and allocation of land to their municipalities? traditional communities. However, there were no guiding documents which prescribe or direct traditional leaders in that role. Although traditional leadership is recognised by the constitution of the democratic South Africa, the role of the traditional leaders was not seen as a sphere of government which should be tasked with developmental issues; however, what subsequent legislation provides as role of traditional leaders is support to municipalities and must be responsible for customary and ceremonial events. Given the findings deliberated above traditional leaders can exist and work harmonious with municipalities where the engagement of the two authorities must provide a guide on roles of each other and sign an agreement. The roles and responsibilities of municipalities on Historical local municipalities did not exist; town spatial planning and land use management councils which were urban based with urban edges and town planning schemes were reformed by the democratic processes to be a wall-to-wall local government, which incorporates rural and urban areas, formal and non-formal areas as well as areas of traditional authorities. Through the constitution of the democratic South Africa, municipalities were vested with powers to be a sphere of government which is responsible for planning and land use management, it is the prerogative of the municipality to create a harmonious working environment with traditional leadership, where unauthorised development will not be tolerated by both institution working as a unit. The next chapter will provide the overall summary of the research, with recommendations and conclusion. Participation of traditional leadership on spatial planning and land use management in the Mpumalanga Province 59 5.2 CONCLUSION Explicit facts about traditional leadership, rural livelihood and their roles in society are selectively known, but not extensively understood especially by people who were never exposed to a rural environment where traditional leaders are operating. The lean availability of information about traditional leadership has created an idea that rural areas and traditional authorities are a story of the past and are gradually on the verge of extinct, also about to find its space in the history of South Africa. This has manifested when the new local government was established; the new legislation on Local Government, Municipal Systems Act (SA, 2000) is not explicit about the involvement of traditional leadership in the municipal affair, and that is emulated by the municipal IDPs which says less about the traditional leadership, and the observation is that there are no indications or obligatory requirement to present a plan of incorporating the existence of traditional leadership on IDPs. However, the finding from this report indicates that systems of traditional leadership are very much alive and existing in rural areas of South Africa. The institution of traditional leadership will still exist in the coming future; the research also provides answers to most of the questions which were unclear before the resuming of the research. In summary, traditional leadership are still relevant in South Africa and needs to be accommodated in the future plans and legislations of the RSA. ·.>eot. Sta\RABELO 9 JI• DITSHEL'..TE TSA t'nl. 1.0 1.E G (' Bf, H~ \;i - • • .· ,A·,s.,.. G V/\J...: AA'\:SFREEt. LI (Ht:ID V I R WEIGE~O Fl\ O F HUURG~._C• t.S SL !:-SME'\IT OF _tt:.RIUfY FOR G~AZING FHS L\f,L1 OR HE\JTµL .. , --·· 'I' f • ., f , 1 .. I • ... " . .. ~ C' 1-3 :. - ~ ... .. ·. ... '!. . .. ,. - ~6 .. .... ' - t • • > I .: C-11o . ... ' '· . .,. h ... ·. - .. : . ~";..::! 1.c· ,. ~· .,) . . . "• • ~- to• . . . " I • I I I 1' Participation of traditional leadership on spatial planning and land use management in the Mpumalanga Province 89 I I \ a: \ t ~ 2 w wu ~eJ ;_\ a: iii - 0 ~ - ­ t..i c!$ - .Q~ .. . \ g- ;., .l . ~ £ 0 \ r- 0 \ ~ er er < ~ 0 ..1. 2 ~ j = i"' .< Cl ;",' .:.; ,,, : c: ~ E O c '"! Participation of traditional leadership on spatial planning and land use management in the Mpumalanga Province 90 I Appendix D WAGON WHEEL I RUR FCONO YT c:;foq TIOfliil · °""' I TF~URF Fl Bouncbly: co UN 0 Oiflgll Tldt Title Hold9r: ~ 8lruc:tln. RolM: · nae Holdef • AdjvdicDln ol ditputl• on land al~tion~UM COMMUNALLY • RMwence Point OWND1 •Und ~ c.u~.w • itMlivWM;al • • • • entierpri-~ ilMtustri;al •-t.er 1 - ? -..-~-~-MO.U..U.HOLD .n.C..T.0..1...1..t .... . ROLES: TRADmONAL COUNCIU MUNICIPAL COUNCl.L I CPA I TRUST/ COS PRlNCJPLE: CO PLE ENTARJTY ACROSS TRADJTJONAL & DE OCRATIC INSTITUTIONS Source: SA DRDLR (2014) Participation of traditional leadership on spatial planning and land use management in the Mpumalanga Province 91