53 T H E  T H I N K E R

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Abstract

The epitome of pre-colonial Af rican history and culture is embedded within the institution of traditional leadership. Yet, this institution 
is still mired by much controversy and the cloud of 
being seen as not f itting the principles of democracy, 
while needing to remain relevant to its subjects. 
Having survived both the colonial and apartheid 
eras in South Af rica, it still faces legislative control 
in the post-1994 era. The discourses presented in 
this paper advance the contested views regarding 

the legislative control by the state over the 
institution of traditional leadership. Within rural 
areas, the institution is perceived by local citizens as 
independent and a valuable institution, upholding 
gender justice and cultural rights.  Providing focused 
attention on the abuse of women, this paper offers 
insights f rom empirical evidence in KwaZulu-Natal 
on the prominent role played by senior women 
traditional leaders in addressing women abuse in 
rural communities.

A Critical Review of the Roles and 
Functions of Traditional Leaders
By Gladys Nkareng Klaas-Makolomakwe and Tanusha Raniga   |   Opinion



54V o l u m e  8 6  /  2 0 2 1

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Introduction  

The outright rejectionists argue for the total 
irrelevance of the institution of traditional leadership 
and validate the uncivilised and barbaric nature 
lens through which it was branded by colonialists 
(Ndlovu-Gatsheni, 2014). In the same breath, the 
predisposed colonised detractors assume a position 
of labelling it backwards (Moodley, 2012) and unable 
to move with the times. However, the institution of 
traditional leadership has since pre-colonial times 
acted as a beacon of hope and serves as an exemplar 
of upholding Af rican ‘history, culture, laws, values, 
religion, and communitarian governance espoused 
during pre-colonial sovereignty’ (Ray, 2003: 5). The 
institution remains relevant for people living in rural 
areas of South Af rica as it maintains Af rocentric 
traditional and cultural interests (George and Binza, 
2011; Tshitangoni and Francis, 2016; Matshabaphala, 
2017). Traditional leaders are valued for encouraging 
democratic styles of leadership, facilitating conflict 
resolution, and being ‘representatives of community 
identity, unity, continuity, and stability’ (Logan, 2013: 
355). If these are qualities embraced as a lifestyle, 
then who is better placed to cast a judgement and 
thereby take intentional exclusionary steps towards 
supressing locally resonating management systems.  
In the post-1994 era, the branding of tradition and 
culture practiced by Black Af ricans has clouded even 
the judgement of intellectuals who sit and contribute 
to public policies drafted for congenial adherence to 
the democratic state. Within the de-colonial agenda, 
there needs to be concerted efforts by policy makers 
to critically reflect on the restoration of traditional 
and cultural practices that in the past successfully 
maintained law and order within rural communities. 
Even in contemporary times, the role of traditional 
leaders continues to resonate as a reliable source 
that offers critical support to people in rural areas 
(Mathonsi and Sithole, 2017).  

While deemed relevant to people by its nature of 
business and constitutional grounding, the institution 
of traditional leadership cannot shy away f rom the 
developmental changes that affect South Af rica. In the 
past, ‘the ethos of traditional society was enshrined in 
an oral, legal, religious, and literary tradition through 
which the community transmitted its customs, 
values, and norms f rom generation to generation’ 
(Nobadula, 2013: 39). In contemporary times, the  

 
 
innovative transformation realised by the country 
demands fast-paced changes that would allow for the 
prosperous existence of the institution, as opposed 
to obstructive and ambiguous developments that 
would keep it stagnant in the past. The authors of this 
paper reject the pathological view that the institution 
of traditional leadership is resistant to the ANC-led 
government changes. Based on insights f rom an 
empirical study, the paper presents the argument 
that senior women traditional leaders (SWTL) play a 
critical role in addressing the abuse of women within 
rural communities in the province of KwaZulu-Natal.

Historical Prominence Given to the 
Institution of Traditional Leadership

Prior to colonialism, traditional leaders were 
perceived as a symbol of unity and functioned as 
religious leaders, guardians of culture, and judges of 
the people (George and Binza, 2011). These qualities 
amplified the unifying ability essentially embedded 
within traditional leadership. During that era, 
Af ricans understood traditional leaders to possess 
massive power and authority and drew gratification 
f rom such leadership qualities (Dodo, 2013).  The 
similarities born of leadership were such that even at 
the dawn of misunderstandings and condemnation, 
abandonment and parting f rom the traditional 
leadership that one belonged to was unlikely (Dodo, 
2013). Parting ways in itself would risk leaving behind 
one’s family graves, which were central and symbolic 
to everyday communal life with the ancestors (Dodo, 
2013). Thus, Af ricans enjoyed a sense of belonging 
(Akyeampong and Fofack, 2014) and association 
which influenced most of their actions and behaviour.  
Thereby, institutions such as marriage were utilised 
to promote f riendly ties and mutual respect (Koyana, 
2013). Marriage also promoted peace, tolerance, and 
interrelations beyond traditional geographic and 
cultural boundaries, which in turn ensured that 
governance was not autocratic and therefore did not 
rest with traditional leaders.

According to Twikirise, prior to being altered, Af rican 
‘ways of helping and solving problems […] were 
largely informal, micro-level operations carried 
through the family, kinship, and local chiefdoms 
and based on mutual aid and collective action 



55 T H E  T H I N K E R

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facilitated by traditional customs and culture’ (2014: 
76). In this way, life was inclusive and made easy, but 
demanded accountability and valuing f rom everyone. 
Retrospectively, this means that Af rican communities 
(men and women alike) relied on each other to 
solve their problems. Such a lifestyle ensured that 
community values of ‘sharing; mutual aid; caring for 
others; interdependence-relying on each other for the 
fulfilment of one’s needs; solidarity-unity that is based 
on shared interest, feelings and aspirations; reciprocal 
obligation and social harmony are respected’ 
(Lawrings, 2016: 735).

The succession through the male blood-line within the 
institution of traditional leadership for the inherited 
positions of senior traditional leaders has been a 
practice over the years.  According to Chauke, ‘the 
institution of traditional leadership was founded and 
grounded in the patrilineal system, whereby only the 
firstborn male children were afforded the opportunity 
to succeed their fathers’ (2015: 35). However, this 
stance has never precluded women f rom becoming 
leaders within the institution. Colonial and apartheid 
definitions, and the subjection of women to an 
inconsequential status in relation to men through 
patriarchy, mislead many views (Chauke, 2015). As 
such, the focus has been misdirected to take attention 
away f rom the important roles and responsibilities of 
men and women within the institution. Sesanti (2016) 
firmly opposes biased views that Af rican culture 
marginalises women, instead of highlighting the 
historical Af rican cultural and traditional practices 
that shared and maintained power within women’s 
and men’s respective roles of power. 

Pre-colonial Af rican life honoured women and their 
power was permeated within communities. According 
to Weir, women in those times were powerful, and 
‘their leadership took a variety of forms, sometimes 
military, but more often economic and religious’ 
(2006: 4). Women’s leadership went beyond fulfilling 
social functions and providing labour and formed 
an integral part of essential systems. Thus, Af rican 
traditional leadership was lawful (Ndlovu-Gatsheni, 
2014) and women were not excluded (Twikirise, 
2014). A study conducted in the Baswelu village of 
Tanzania indicated that the abuse of women was 
averted through rituals, taboos, songs, and proverbs 
which were traditionally believed to have been used 
to protect women f rom abuse in pre-colonial times 

(Kanyamala, 2010). Such findings confirm the various 
strategies that were used to prevent the abuse of 
women.

The thinking that democracy must be praised for 
harmonising male primogeniture with equality in 
South Af rica (Chauke, 2015) stands to be disputed on 
the grounds of first regaining accurate pre-colonial 
Af rican lessons on how women were treated within 
the institution of traditional Af rican communities. 
It can be argued that succession disputes within 
the institution of traditional leadership were not 
necessarily targeting women but have been the 
order of the day even when rightful heirs were known. 
As Matshidze (2013) argues, there has never been 
outright automated succession within the institution 
of traditional leadership.

This invalidates the claim made by Ncapayi and Tom 
that ‘the inclusion of women in traditional government 
structures by the democratic government adds 
democratic value and credibility to the institution of 
traditional leadership, which for many years remained 
essentially male-dominated’ (2015: 88). There is 
evidence to corroborate the critical role of women 
within traditional leadership. The core failure needs 
to be associated with little consideration given to the 
strides of women within positions of commanding 
power and leadership. Research conducted by Dodo 
notes that ‘women have always been part of the 
traditional leadership though they have been behind 
the scenes’ (2013: 29). Thus, Af rican literature does 
not downplay the support women have given to 
men despite men accruing all accolades of wisdom 
and fierce decision-making abilities (Dodo, 2013). 

The thinking that democracy must be praised 
for harmonising male primogeniture with 

equality in South Africa (Chauke, 2015) stands 
to be disputed on the grounds of first regaining 

accurate pre-colonial African lessons on how 
women weare treated within the institution of 

traditional African communities. It can be argued 
that succession disputes within the institution 
of traditional leadership were not necessarily 

targeting women but have been the order of the 
day even when rightful heirs were known. 



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This denotes that women have maintained powerful 
influence behind the leadership positions occupied 
by men within traditional communities. Dodo (2013) 
also noted leadership positions in which women’s 
capabilities surpassed that of men. For instance, Ndlovu 
(2008) recollected the roles and functions of the Zulu 
Regents Queen Mkabayi [sic] who ruled ebaQulusini 
and officiated over the annual first f ruits ceremony. 
Queen Mkabayi was celebrated for her capacity to 
solve problems, her fearless and conf rontational fight 
against corruption, and her direct participation in war 
within the Zulu Kingdom (Ndlovu, 2008). Similarly, her 
twin sister Queen Mmama oversaw enTonteleni and 
commanded respect, where the launching of military 
campaigns prior to consulting with her was prohibited 
(Ndlovu, 2008). These are contrary representations 
of feeble women given the suggestive evidence of 
decisiveness towards protecting the Zulu Kingdom. 
Thus, Sesanti (2016) and Kasongo (2010) advocate for 
total blame on colonialism for seizing the cultural 
practice of respecting women and replacing it 
with rendering Af rican women vulnerable. Women 
were respected even beyond their graves. During 
the times of King Shaka, punishment was ceased 
once culprits sought refuge at the graves of Queens 
Nqumbazi and Mkabayi (Sesanti, 2016). The respect of 
women has always been an inherent Af rican cultural 
practice (Segueda, 2015). It is therefore a misleading 
assumption that the abuse of women is peculiar to 
Af rican traditional communities. 

Despite imposed Western cultural ideologies within 
the institution of traditional leadership, Af ricans 
still rely on their culture and tradition to match life 
expectations (Kang’ethe, 2014).  SWTL in KwaZulu-
Natal relied on old Af rican practices when intervening 
in cases where women had been abused. Despite the 
modern controversy surrounding virginity testing 
and boys’ circumcision, respect for women, virginity 
testing for girls, and the circumcision of boys were 
strategies applied to ensure that order and peace were 
maintained. SWTL stressed that respect has been 
an important cultural practice accorded to women 
within Af rican communities. Respected not only for 
their roles but also as individual human beings, the 
scourge of women abuse was believed to have been 
fuelled by the loss of such an important trait.

Early interventions through virginity testing of girl 
children and circumcision of boy children were 

suggested to play a critical role in detecting abuse in 
girls and diverting perpetration of women abuse by 
boys. Virginity testing assisted in detecting unreported 
sexual abuse. SWTL had the power to intervene and 
prioritise girl-child wellbeing by reporting abuse 
matters, particularly in situations where it was difficult 
for the mothers of victims to report. With regard to 
male circumcision, SWTL would encourage older men 
to engage with young boys and discourage the abuse 
of women. Older men were viewed as important 
anchors and role players in the socialisation of young 
boys.  

Men and women’s forums were also viewed as 
powerful platforms for use in early intervention. As a 
shared responsibility to address the abuse of women, 
SWTL saw it fit that in their areas, men talk as men 
and women talk as women on this issue, prior to the 
occurrence of incidents of abuse.      

Disruptions over the Institution of
Traditional Leadership

South Af rica experienced the harshest colonial and 
apartheid regimes that subjected Af rican people to 
suffering as their traditional and cultural ways of life 
came under siege and had to adapt to foreign control 
and alteration. A key strategic point of disruption in order 
to get to the people within traditional communities 
was the institution of traditional leadership, which 
according to Tshitangoni and Francis (2016) had been 
entrusted with leadership since pre-colonial times. 
The distortions exerted onto the institution were 
conceptualised by the colonial regime, which passed 
the baton to the apartheid regime, which then 
intensified the targeting of traditional administrative 
and governance structures (Ehrenreich-Risner, 2013).  
Power and privilege were not the only infiltrations of 
both colonialism and apartheid over the institution of 
traditional leadership, but leadership reform against 
local traditional community expectations formed an 
integral part of intentional divisions created between 
leaders and local communities.  

Burns (2002) considers that Af rica had no peace 
during the pre-colonial era and that its liberation 
depended on its submission to colonialism. This 
assertion ignores the dynamics of co-existence 
and assumes irresponsibility. Colonialists solidified 
their ideology of portraying Af rica as a violent and 



57 T H E  T H I N K E R

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ungovernable continent. Other contributions, such as 
that of Stauffacher (2013), postulate Af rica as having 
had a long history of autocratic leadership.  Such 
perceptions, according to Ray (2003), fuel Western 
hegemonic relations with Af rica and suggest a 
mockery of the roles and functions of the institution 
of traditional leadership as a system of governance. 

It was during colonialism that land and property, 
and subsequently culture and dignity, were taken 
away f rom Af ricans. Deliberate weakening strategies 
were introduced to render institutions ineffective 
when peace institutions were impossible to destroy 
(Mohamed, 2018). Colonialism taught Af ricans f rom a 
young age to reject the tenets of Af rican knowledge 
as both barbaric and superstitious (Ndlovu-Gatsheni, 
2013). As Twikirise (2014) suggests, colonialism is the 
architect for Af ricans’ identity crisis.  

In his novel Things Fall Apart, Chinua Achebe (1958) 
expounds a clear transition and abandonment of 
the gods and ancestors by Af ricans who marked the 
beginning of embracing an imposed ideology. As a 
result, Af rican practices struggle to occupy their initial 
central position among Af ricans (Ndlovu-Gatsheni, 
2014). This remains a challenge that influenced the 
loss of many important cultural practices (Kang’ethe, 
2014). The roles occupied by traditional leaders, 
women, and customary law are among the many 
that were effectively weakened (Sesanti, 2016). While 
maliciously birthing patriarchy by depicting Af rican 
males as oppressors of women, colonialists repudiated 
the humanity of women and rendered insignificant 
their position within Af rican communities (Mutua, 
2016). The result of this move can be seen today, where 
communities and families are breaking and the grip 
of families over conflict resolution is disappearing. 
Due to ‘a poisonous mix of culture, colonial-era laws, 
and religious practices,’ Af rican women and girls 
are atrociously subjected to ‘domestic violence and 
exclusions f rom land and property ownership’ (Dodo, 
2013: 39).  Colonialism not only introduced moral 
decay, but also weakened customs, rituals, tradition 
and culture, thereby causing irreparable damage to 
Af rican life.  

Taking over f rom colonialism, apartheid was a 
segregation regime that advanced legislative 
measures to ensure that any Af rican traditional 
forms of leadership and governance were suppressed 

(Houston and Mbele, 2011). Racialised legislation was 
introduced to further dismantle Af rican traditional 
leadership as a core Af rican structure, using the 
institution as its implementation agent (Ehrenreich-
Risner, 2013). Apartheid’s advancement of a colonial 
agenda (Williams, 2010) dismissed and ousted 
rebellious traditional leaders (Houston and Mbele, 
2011). As a result, apartheid gave birth to the dark cloud 
of disputes that continues to engulf the institution of 
traditional leadership (Ehrenreich-Risner, 2013) where 
royal families now demand for rightful heirs to be 
recognised. The circumstantial irony is that liberty 
has been created to enable dragging the institution 
into common law court battles as attempts are made 
to restore and redress legitimacy issues. Traditional 
leadership is rendered ineffective to manage its affairs. 
Not only do such court battles disparage the position 
of the institution within traditional communities, but 
they also create lasting divisions within royal families. 
   
Sizani (2017) writes on the continued control of 
apartheid legislation over the functioning of traditional 
courts, imposing limited criminal jurisdiction and 
function under the Department of Justice and 
Constitutional Development. By implication of Section 
39(2) of the Constitution of South Africa, traditional 
courts, tribunals, or forums can develop customary law 
in traditional communities (Moodley, 2012). However, 
institutions within traditional leadership are non-
judicial bodies and have no jurisdiction to develop 
customary law (Moodley, 2012). Although Moodley 
(2012) pins the probability of the traditional court 
qualifying as a judicial body to develop customary law, 
traditional courts do not preside over landmark cases 
such as that of Shilubana vs Mnwamitwa (SA 66 (CC), 
2008). The guilty verdict of the case of King Buyelekhaya 
Dalindyebo of the AbaThembu in the Eastern Cape 
Province of South Africa was also bent from a common 
law court and never tried on the merits of any traditional 
body. Again, the institution of traditional leadership 
was deprived of the possibility of first constituting an 
AmaXhosa traditional court relevant to his clan stature 
or comprising the Nguni tribe at large. It is clear that 
when tradition and common law are at crossroads, 
common law takes precedence. The power exercised 
by traditional leaders is therefore illegitimate because 
it originates from the state, rather than from traditional 
communities (Williams, 2010).

In contemporary Af rican government, influence is 



58V o l u m e  8 6  /  2 0 2 1

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derived f rom Eurocentric ideology in exerting some 
degree of external control on traditional leadership 
(Du Plessis and Scheepers, 1999; Moodley, 2012; 
Williams, 2010; Dodo, 2013; Sizani, 2017). Modern 
Af rican states, as stated by Igboin (2016), install 
traditional leaders and various new expectations 
that affect the nature and rule of the institution are 
imposed (Williams, 2010). At varying degrees, several 
Af rican countries have adopted Eurocentric control of 
the institution of traditional leadership. For example, 
the confirmation and endorsement of traditional 
leaders in Zimbabwe is a function entrusted to the 
state (Dodo, 2013). The Kenyan government treats 
traditional leaders in a manner similar to civil servants, 
through appointments and compensation, while the 
state in Botswana has rendered traditional leaders 
powerless (Dodo, 2013).

A rod cannot be spared for the current democratic 
South Af rica which commenced in 1994 following 
the first democratically-held elections. According to 
Ray and Reddy (2003), the democratic era also bears 
contributory traits towards eroding important aspects 
and disregarding traditional leadership. Failure has 
in particular been identified around the inability 
to fully embrace and restore the lost functions and 
strengths of traditional leadership that would enable 
a meaningful contribution to development in rural 
areas. As pointed out by Bikam and Chakwizira 
(2014), democracy is hailed for recognising and giving 
constitutional effect to the institution through Chapter 
12 of the South Af rican Constitution (Act 108 of 1996 
as amended) but it has equally failed to practically 
restore the responsibilities of traditional leaders. The 
current roles and functions of traditional leaders 

are legislated through the Traditional Leadership 
and Governance Framework Act (Act 41 of 2003) 
(George and Binza, 2011). However, the state has the 
questionable objective of transforming the institution 
as outlined by the Department of Traditional Affairs 
(2011).

While this objective is pitched at a level of enhancing 
cooperation between the state and the institution 
of traditional leadership, it contains a subtle 
management implication by the state. Thus, control 
measures that were put in place during colonialism 
and apartheid are still being legislatively advanced. 
For instance, while the recognition of the institution 
of traditional leadership is a Constitutional mandate 
implying its autonomy, the repeal and amendment 
of positions and the regulation of customary law 
is done by statute (Du Plessis and Scheepers, 1999). 
Through the Traditional Leadership and Governance 
Framework Act (Act 41 of 2003), the state also tampers 
with the roles of traditional leaders (Williams, 2010). 
Traditional leaders are expected to perform roles 
where they ‘provide order and security, solve disputes 
and allocate land in the community’ (Williams, 2010: 
7). However, unlike in the past practices, traditional 
leaders are expected to issue permission to occupy 
certificates for land allocations and are limited in 
the types of court cases they preside over (Williams, 
2010). In the past, court decisions taken by traditional 
leaders were announced verbally and were based on 
the principles of trust and mutual respect. Apartheid 
laws introduced the handing over of certificates 
to traditional leaders as proof of their positions 
(Ehrenreich-Risner, 2013), and this performance 
is currently legislated in South Af rica as per the 
Traditional Leadership and Governance Framework 
Act (Act 41 of 2003). Thus, the post-1994 democratic 
government continues to control and endorse 
the recognition and appointment of traditional 
leaders and traditional councils (Sizani, 2017) who 
are regarded as illegitimate until their recognition 
and appointment is sanctioned by the state. To seal 
the deal, the state offers salary remunerations for 
traditional leaders.  
 
Conclusion

The disruptions injected on the institution of traditional 
leadership during the colonial and apartheid regimes 
still stand ground during democracy in South Af rica, 

While this objective is pitched 
at a level of enhancing 

cooperation between the 
state and the institution 

of traditional leadership, it 
contains a subtle management 
implication by the state. Thus, 

control measures that were 
put in place during colonialism 

and apartheid are still being 
legislatively advanced. 



59 T H E  T H I N K E R

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given the intentional crises mode these were set at. 
Interrogation of the current legislative prescripts 
suggests continual control maintained by the state 
over the institution of traditional leadership. At the rate 
at which Af ricans are still adhering to their tradition and 
culture, agenda setting to fight the abuse of women 
needs to aim at treating the institution of traditional 
leadership as an equal contributor to finding solutions. 
Efforts that tap into old traditional Af rican cultural 
practices served as important contributors applied by 
SWTL when addressing the abuse of women. Thus, 
policy interventions for this heinous crime need to 
incorporate culture and tradition in order to resonate 
and become useful for fighting the scourge within 
traditional rural communities.

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