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CONGRESS OF TRADITIONAL LEADERS OF SOUTH AFRICA
(CONTRALESA)
RESPONDENT'S OBJECTION TO THE CERTIFICATION OF THE
NEW CONSTITUTION BILL
TAKE NOTICE THAT the Respondent notes
its objection to the certification of the new Constitution on the following
grounds:
1.
CHAPTER 2
Section 8(2) inter alia provides that
the Bill of Rights binds natural persons. The application of the equality
clause horizontally will inflict an irreparable
harm to the entrenched cultural
values of the indigenous people of South Africa in that:
(a) For instance a male person who deflowered a virgin and made her pregnant
might escape liability against our culture which renders
a male partner
delictually liable.
(b) The lobola or bogadi system will be adversely affected.
(c) The institution of traditional leadership is mainly based on the
principle of male primogeniture.
(d) The Rules of intestate succession will be adversely affected.
(e) The religious practice of Muslim communities (e.g. Mosque) will be
seriously eroded.
In the circumstances it is respectfully submitted that
the Chapter does not comply with constitutional principles XIII and
XXXIV.
2.
CHAPTER 7
The Constitution expressly provides that
there will be municipalities throughout the Republic which will have both
executive and legislative
authority (See Clause 151). This chapter is not
consistent with the provisions of principles XIII and XVII in that there is no
role
for traditional leaders at a local Government level. There are traditional
authorities with some of the counsellors democratically
elected it country which
from time immemorial are local governments in the rural areas are present
interim Constitution Act 200 of
1993 recognises this fact.
3.
CHAPTER 8
The chapter dealing with the courts of
law does not make provision for customary courts that have been in existence
from time immemorial. These courts presided over by
traditional leaders and
their councils. We are of the view, these courts like other courts of the land
should be recognised in the
Constitution. These courts protects and promotes the
cultural values of the indigenous people of South Africa.
In the premises
it is our respectful submission that this provision does not comply with
principles XIII and XXXIV.
4.
CHAPTER 12
This chapter provides that it will no
longer be imperative for the Governments (Provincial and National) to make
provision for the
establishment of the Houses and Council of Traditional
Leaders. The chapter expressly provides that the Governments may do so.
We believe that the Constitutional Assembly should have made provision
for the representation of the Traditional Authorities in the Council of
Provinces or make provision for the houses
of Traditional Leaders in accordance
with the present Interim Constitution Act 200 of 1993.
In our
respectful submission these provisions undermines the provisions of
principles XIII and XVII
DATED AT UMTATA ON THIS 30th DAY OF MAY
1996
NKOSI M NONKONYANA
FOR CONGRESS OF TRADITIONAL LEADERS OF
SOUTH AFRICA
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