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Brief history of KwaZulu-Natal
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Only citizens in possession of citizenship certificates who have registered to vote are entitled to vote for these elected members. The KLA's initial membership was taken over from the Zulu Territorial Authority, which had been established in and was itself largely formed of chiefs and traditional councilors. Under the constitution of KwaZulu, the colonial structures for regulating chieftainship are still in place, and chiefs are appointed to their positions by the KwaZulu government: any chief who is a member of the KLA and attempts to oppose the government line may be dismissed from his position.

This system is described in detail in the section on the chieftainship system below. The elected members of the KLA have hardly more independence. Elections did not take place in KwaZulu until , and were held again in and All seats were won by Inkatha in all three polls; however, this does not imply solid support for the party within KwaZulu. In , there were 23 candidates opposing those put forward by Inkatha; many of them were intimidated during the period before the election.

One study concluded that only about six percent of the eligible Zulu population cast a vote. In there were only four opponents to the Inkatha slate; in only three of the 26 constituencies were contested and only 12, votes were cast, out of three million potential voters of whom , were registered. A notable feature of the constitution was the fact that it downgraded the Zulu king to a largely ceremonial role, requiring him to "hold himself aloof from party politics and sectionalism," and vesting executive power in the Prime Minister.

It would have been natural, given the historical structures of government both in the pre-colonial kingdom and then in Natal's native reserves, for the king or "paramount chief," currently King Goodwill Zwelethini, to have executive powers. In the other homelands this was the pattern that was followed. However, Buthelezi fought hard for this tradition to be overturned, against the wishes of members of the royal family, and held that the role of Prime Minister belonged to his family by Zulu tradition.

However, Buthelezi is in fact the only member of his family to have held anything equivalent to his position in relation to the Zulu king. Moreover, his chieftainship of the Buthelezi tribe is itself due to the South African government, which has the power since delegated to the homeland governments to appoint any individual as a chief, regardless of inheritance, and supported Buthelezi's claim over that of his elder brother. Local government in rural KwaZulu is carried out through a system of chiefs, tribal and regional authorities that is based on the structures originally devised by the British Secretary for Native Affairs, Theophilus Shepstone, in the mid-nineteenth century.

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Although the framework of this system had its basis in a conception of Zulu customary law, it was designed as a form of indirect rule that would co-opt the institutions of chieftainship to the purposes of the colonial state. The Natal Code stipulated that the Governor of the Colony, as "Supreme Chief," could appoint chiefs and remove them, and that the chief "in charge of a tribe or section of a tribe is a minor deputy of the Supreme Chief. Frequent legislation modified the role of the chiefs; most importantly, the Native Administration Act of later renamed the Black Administration Act , the Black Authorities Act of and their amendments.

In this way, the government was able to create an extension of its own structures within the "native" areas, but in a manner which concealed the nature of control.

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Although power to remove their chiefs was taken out of the hands of the people, the system of hereditary succession was allowed to operate where it did not challenge white rule. The executive authority of each tribe is vested in its chief inkosi , acting on the advice of his tribal council, subject to the "recognised customs or usages of his tribe. Tribes are grouped together under "regional authorities," made up themselves of chiefs and headmen, whose functions are "to advise the government in regard to all matters affecting the general interests of persons" within their jurisdiction, and to administer education, hospitals and other infrastructure.

The regional authorities exist to enforce government policy, and do not have any independent status. Power in this system is concentrated in the hands of the Chief Minister of KwaZulu who has been Chief Buthelezi since the homeland was established. The Chief Minister is empowered, "after consultation with the cabinet," but subject to no other control, to establish or dissolve tribal and regional authorities, and to appoint "any person" as a chief or to dismiss a chief, regardless of the position under tribal custom.

Chiefs are specifically instructed that they may not be connected with "any organisation whose aims are the unconstitutional overthrow of the Government. Furthermore, belying the idea that the system of tribal government is based on an ethnic or cultural reality, the minister may unilaterally constitute new tribes, divide and amalgamate tribes or redefine the boundaries of tribal land; a person is deemed to be a member of the tribe within whose area he or she permanently resides, whatever his or her ethnic origin. Reinforcing this law, the KwaZulu government also has the power to order "any tribe, portion of a tribe, community of Black persons or any group of Black persons or any Black person Furthermore, the KwaZulu version of the legislation abolished even those insufficient safeguards contained in the South African law, by requiring consultation only with the cabinet rather than the KLA.

Chief Buthelezi has used the powers of the Amakhosi Act extensively, to depose chiefs perceived to be in opposition to Ulundi and replace them with more amenable deputies, or to create tribes and tribal authorities to suit the purposes of the KwaZulu government. Some of these cases have been taken to court: for example, in July , fourteen indunas tribal councilors, or "headmen" from Babanango, an area bordering the Nqutu magisterial district of north-western Natal, initiated court proceedings in the Durban Supreme Court against the Chief Minister of the KwaZulu government and others, in an effort to prevent the constitution of four new tribes and tribal authorities, and the import of three "foreigners," with no pre-existing connection of any sort to the area, as chiefs.

The land involved was traditionally under the direct authority of the Zulu king, but for over a decade there have been attempts to introduce new chiefs into the area, first by the South African government, and now by the KwaZulu government. At no point have the communities who would fall under the new chiefs been consulted, despite an express provision in the Amakhosi Act for consultation to take place.


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The case remains in court. Contralesa was formed in September , by chiefs who were part of the fierce struggle to resist the granting of "independence" to KwaNdebele, the homeland for the Ndebele people, and the incorporation of the Moutse area into the homeland. The aims of the organization include opposition to the homeland system and the restoration of full citizenship to all South Africans; but also the restoration of credibility to traditional leaders, often identified with the bantustans and seen as instruments of apartheid rule.

The ANC, with its largely urban membership, has traditionally been suspicious of customary forms of government and has paid very little attention to rural South Africa; the establishment of Contralesa was an attempt to rescue the chiefs from oblivion under a future ANC government.

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Contralesa is thus a threat to the existing homeland leaderships, and most especially to the government of KwaZulu, which makes the most serious claim to be based on tradition. In September , Chief Buthelezi addressed a meeting of Zulu chiefs and described Contralesa as a "spear" stabbed "into the very heart of Zulu history;" he urged the chiefs to "thrust Contralesa to the mercy of the vagrant forces which leave carrion in their wake. In April , Maphumulo had been condemned by Buthelezi, and accused of attempting to "prostitute the offices of chiefs," for petitioning the South African government to establish a judicial commission of inquiry into the causes of violence in Pietermaritzburg townships.

King Zwelethini, supposedly above party politics, demanded that Maphumulo resign from Contralesa; Maphumulo refused, stating that "Contralesa was not formed to threaten the unity of the Zulu chiefs. On February 25, , following months of harassment, Chief Maphumulo paid the price for his controversial role. He was shot outside his home in central Pietermaritzburg, just one month after a peace accord had been signed in Natal between Inkatha and the ANC.

The responsibility for his murder was never satisfactorily established despite the setting up of a commission of inquiry to look into the assassination. Several witnesses to the inquiry gave evidence as to the involvement of the Security Branch of the SAP, but in March the inquest concluded that the murder was committed by "persons unknown. The chieftaincy system, as legislated by the colonial government, does not only give dictatorial power to the government in Ulundi, but also to individual chiefs.

The Amakhosi Act provides, apparently innocuously, that a chief "shall enjoy the status, rights and privileges and be subject to the obligations and duties conferred or imposed upon his office by the recognised customs or usages of his tribe. Amongst other things, the chief has the duty to maintain law and order; has powers of arrest, search and seizure; must disperse any unauthorized assembly; and must ensure compliance with all laws and orders of a "competent authority. Almost as an afterthought, it is laid down that a chief should "generally seek to promote the interest of his tribe The KwaZulu government itself has acknowledged the absolute obedience that is expected to be paid to the chiefs, but justifies the autocratic nature of the system in terms of the length of time the system has been in operation as a sign that it enjoys popular approval:.

The present structures of the Zulu society are essentially the same as they were prior to [the date of the final defeat of the Zulu kingdom]. These include, inter alia, the role of the father as paterfamilias, the tribal hierarchy consisting of Headmen, Indunas, and tribal councilors. The implication of these structures are that the chiefs expect adherence to tribal values and customs within their areas of jurisdiction. Implicit in these traditions and customs is the principal [ sic ] of "Hlonipha" which requires respect for the tribal leadership, the tribal elders and office bearers.

This principle extends to all activities including the holding of public meetings within the area of the Chief. Any behaviour which militates against the authority of the Chief is perceived to be contrary to the principle of "Hlonipha".

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An example of this would be a demand to hold a meeting within a Chief's area without his prior approval. Allegations that this system lacks popular legitimacy are devoid of all substance as the system has evolved over many years. For example if a chief resists a meeting being held in his area, it is not only the chief but the community that imposes its will via the chief as its traditionally elected [ sic ] leaders.

It is true that historically, despite C or because of C the dictatorial powers in their hands, there has been little challenge to the authority of the chiefs within KwaZulu, and respect for traditional forms of government, however bastardized, has been the norm. However, this does not imply that the actual system under which traditional leaders operate still enjoys if it ever did popular legitimacy, nor that those who would prefer a different system should be prevented from expressing their views.

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In recent years chiefs have increasingly been challenged by members of their community who are no longer prepared to accept their absolute powers. In the words of the Legal Resources Centre:. Among this group are youth organizations, rural civic organizations, educated and professional people such as teachers, nurses etc, and unionized industrial workers, who retain strong links with their rural homes. The interests of these groups, even though they are diverse and are not coordinated in their opposition, clash directly with the patriarchal, undemocratic and heavy handed authority of the chiefs, their councils and headmen.

It is clear that in many areas of KwaZulu, especially where the hereditary system has not been disturbed, traditional leaders continue to enjoy the respect and deference of their subjects. Chiefs themselves have legitimate interests to protect.


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It is not possible or desirable, certainly in the short term, to think of abolishing the chieftainship system outright. However, there is an obvious need for reform. A system of government which originally had a considerable measure of democratic control, the chiefs depending for their position on the consent of the governed, has been C over the last century C twisted into a method of exercising almost total control over a population. The response of the KwaZulu government to the challenge represented by those who are no longer happy with this method of government has been not to address their complaints and reform the system, but instead to denounce their demand for change as an attack on the fundamentals of Zulu culture and tradition.

Most controversial of the measures taken in defence of the system has been the arming of chiefs with G3 automatic assault rifles. These rifles are supposedly 53 issued under the authority of section 45 of the South African Arms and Ammunition Act, which exempts from the provisions of the act any person acting under the authority of a permit issued by the Minister of Law and Order of South Africa.

Senior members of the SAP expressed the view in private conversations with the Legal Resources Centre that the majority of those holding such weapons would not otherwise qualify for firearms licenses. Furthermore, the weapons were often entrusted to very young bodyguards by the tribal authorities. In essence, the weapons were being used to create a private army. Although the Goldstone Commission reported in its Third Interim Report, of December 21, , that the KwaZulu government had decided that the G3 rifles would be withdrawn, they were to be replaced with substitute "less lethal" weapons.