TRIBAL GOVERNANCE IN AFRICA AND SOUTH AFRICA - Understanding the Chieftain System in Tribal Governance

TRIBAL GOVERNANCE IN AFRICA AND SOUTH AFRICA

Understanding the Chieftain System in

Tribal Governance

Stes de Necker

To understand how the traditional African ‘Chieftain’ system have developed and has shaped these traditional institutions, it is necessary to appraise the history of the tribal system and the rules, norms, and spiritual beliefs of the Chieftaincy institution.

HISTORICAL BACKGROUND.

The institution predates the arrival of both Arab traders and the later European exploration and colonization.

In the traditional African ‘Chieftain’ system, the tribal chief is the leader of a tribal society or chiefdom. Tribal societies with social stratification under a single (or dual) leader emerged in the Neolithic period out of earlier tribal structures with little stratification, and they remained prevalent throughout the Iron Age.

In the case of indigenous tribal societies existing within larger colonial and post-colonial states, many tribal chiefs have continued to represent their tribe or ethnicity in a form of self-government.

The term ‘Chieftain’ is usually distinct from chiefs at still lower levels in the hierarchy, such as village headman (geographically defined) or tribal chief (an essentially genealogical notion), as the notion "tribal" rather requires an ethno-cultural identity (racial, linguistic, religious etc.) as well as some political (representative, legislative, executive and/or judicial) expression. In certain situations, and especially in a colonial context, the most powerful member of either a confederation or a federation of such tribal, clan or village chiefs would be referred to as a paramount chief. This term has largely fallen out of use, however, and such personages are now often called kings.

A woman who holds a chieftaincy in her own right or who derives one from her marriage to a male chief has been referred to alternatively as a chieftainess, a chieftess or, especially in the case of the former, a chief.

Historically, tribal societies represent an intermediate stage between the society of the Paleolithic stage and civilization, with centralized super-regional government based in cities.

Stratified tribal societies led by tribal kings thus flourished from the Neolithic stage into the Iron Age, albeit in competition with civilisations and empires beginning in the Bronze Age.

While there were many factors that explain the development of strong kingdoms in Africa historians have identified three important factors that were present in the rise of all kingdoms.

1. Expansion of agricultural production.
2. Development of new metal technology.
3. Expansion of trade.

Just as in Europe, Asia, and the Americas, large and powerful kingdoms in Africa did not last forever. 

At times, a powerful kingdom was conquered and overthrown by a new group of rulers who established a new kingdom, as was the case when the Kingdom of Mali replaced the Kingdom of Ghana.

In other situations, a kingdom may have become less powerful due to a combination of factors such as poor leadership or the loss an important source of power.

One of the reasons why the Kingdom of Songhai declined in strength had to do with the lessening of the importance of the trans-Saharan trade.

For those individuals whose orientations are still strictly ‘African Tradition’, the past becomes more significant as threats to its continuity and sacredness occur from imported political and religious institutions.

Attacks by these religious and political institutions particularly colonialism, Christianity and Islam, have vitiated much of the structures of traditional legitimacy.

However, the old traditional norms and beliefs are still intact in many areas, raising the consciousness into the political and religious discussions of the modern functions and performances of chiefs, the clergy and the political leaders

POLITICAL POWER IN A TRIBE

A chief might be considered to hold ALL political power, by oratory or by example. On the African Continent, it was historically possible to evade the political power of another chieftaincy mainly migration.

One finds a high level of indigenous sophistication, manners, cultures and beliefs which were ignored and are still being misconceived by both outsiders and the educated elite alike.

Each traditional system has its behavioral, goals, and social norms upon which the system evolves. The behavioral norms are the systems of authority and roles as they are legitimized in various clusters such as the family, the chieftaincy hierarchy, the state council and other structures from which authority is derived and exercised.

The goal orientation refers to the types of expectations that were built into the traditional system by which individuals view their future and direct their activities towards achieving them. The social norms refer to the rules regarding rewards, sanctions, festivals, rituals and sacrifices.

Guides to political and other social behavior are enunciated in proverbs as proverbial laws. These proverbs are usually interpreted by the elders as part of the living codes of behavior. These proverbs often stem from the past and are associated with good and bad lessons learnt from the past and orally passed on from generation to generation. They are not in a written document but are acceptable guides for our laws, customs and practices. 

Many ethnic groups still find pride and comfort in realizing that at least part of their ethnic ancestry is pure African, although the connection is usually only sentimental and not economic or cultural.

A typical tribal chieftaincy institution, in its administrative set, up comprises of the Chief and several individuals or groups of specialized positions. These positions are normally held by the sub-chiefs and family elders to perform different administrative tasks with coordinated efforts for the progress of the subjects within the administrative boundary.

RELIGIOUS POWER

The Chief Priest or Priestess to whom the people look for any signals of omens and admonitions by the "gods" as well as healing and spiritual empowerment, at times acts as a power broker in times of perpetual administrative crisis as a result of human or natural disaster

.

He/She is the religious leader of the people. These are all lineage posts, the occupants being the heads of the various family lineages responsible for the various sectors and specializations within the community.

In the past, this elaborate administrative structure could be extended to cover the whole empire.

ELECTING A NEW CHIEF

When a Chief dies a new Chief is generally chosen from a particular chieftain branch of the tribe to which the chieftainship belongs.

There may however be several separate chieftainships claiming their descent from a common mother (matrilineal).

The chieftainship may also pass alternatively from one group to another or even in rotation amongst the heads of three or four different kingship groups holding the office in turn.

The eldest son of the senior woman of the royal family may or may not succeed. A brother may succeed a brother, an uncle, nephew, grandfather, grandson, can be chosen and the younger of any of these candidates may be chosen over the elder.

With these different possible aspirants, much room is left for dialog to choose the rightful and ‘legal’ candidate.

A formal process of selecting a Chief is initiated with an official delegation from the kin-makers, meeting to select the next chief.

The eligible candidates are considered in turn and the most suitable one is chosen. The necessary qualities apart from the lineage rights include intelligence, humility, generosity, manliness, and physical fitness. When a candidate is selected, all the elders of the village or town are asked to be present for the election of the new chief.

This is an important occasion in which everybody takes interest; all the headmen, elders, and commoners come to the meeting. The spokesman for the commoners would indicate to the kin-makers, from the response of the crowd after introducing the new candidate.

If there is widespread dissatisfaction with the new candidate, the response from the crowd would indicate and the selection process would have to be started all over again.

If the candidate is applauded and cheered by the crowd, the selected candidate will then be appointed. 

STATUTORY REGULATION OF TRIBAL AUTHORITIES IN SOUTH AFRICA

Chapter 11 of the Constitution of South Africa states that the institution, status and roles of traditional leadership, according to customary law, are recognized.

The South African Government acknowledges the critical role of traditional leadership institutions in South Africa's constitutional democracy and in communities, particularly in relation to the rural development strategy. It therefore remains committed to strengthening the institution of traditional leadership.

To this end, numerous pieces of legislation have been passed and various programmes implemented to ensure that traditional leadership makes an important contribution to the development of society.

The Traditional Leadership and Governance Framework Act (Act No 41 of 2003) was the first and pivotal law in the package of traditional leadership laws drafted during the 2000s.

This package comprises the Communal Land Rights Act, several provincial traditional leadership laws and the Traditional Courts Bill.

Enacted on 19 December 2003, some of the TLGFA’s stated objectives are to:

1. recognise traditional communities;

2.establish and recognise traditional councils; and

3. provide a statutory framework within which traditional leadership will operate.

South Africa has around 14.5 million people living under traditional authorities across the country.

Limpopo Province has the most, with about 59.2 percent of the people there living under tribal authorities. This is followed by Mpumalanga with 47.3 percent and Eastern Cape with 44.4 percent and KwaZulu-Natal with 43.7 percent.

The lowest population living under tribal authorities is found in Gauteng with only 0.9 percent, followed by Free State at 11 percent and the Northern Cape at 11.9 percent.