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26 April 2022 | Story Dr Qinisani Qwabe
Dr Qinisani Qwabe
Dr Qinisani Qwabe

South Africa recently witnessed a catastrophic natural disaster that resulted in the loss of life, livelihoods, and infrastructural damage. This occurred in KwaZulu-Natal where hundreds of people lost their lives as a result of extensive flooding and mudslides. President Cyril Ramaphosa declared a national state of disaster to which we should all respond. Specific reference was made to the public and private sectors, as well as civil society.

While I applaud the various stakeholders that have extended a helping hand, my heart bleeds for the vulnerable groups whose voices remain unheard, even under normal circumstances. One cannot help but wonder if aid will reach the isolated regions that suffered the adverse effects of these heavy rains, or if all developmental efforts will be prioritised to certain economic hubs of the province such as the eThekwini Metro and the capital, uMgungundlovu.

KwaZulu-Natal is among the poorest provinces in the country. Corroborating this claim is a report that was released by Statistics South Africa earlier this year which reveals that about 52% of the province’s population are considered to be ‘poor’,and live at the lower end of the poverty line.

Drawing from my experiences of the rural communities of KwaZulu-Natal with whom I have worked, many suffer from the triple challenge of poverty, inequality, and unemployment, and rely on agriculture for their livelihood and to put food on the table. Their supplementary income is obtained from government support grants. The graphic scenes that have been shown on the media illustrate the devastating effects of the heavy rains in regions within the agricultural sector. Fields have been washed away, crops and livestock have been lost. This is happening when the province is still trying to resuscitate its economy after the widespread looting that took place in July last year, which had a calamitous effect on businesses and livelihoods.

While this is an injury mainly for the people of KwaZulu-Natal, it is my wish that we all join hands in contributing towards the restoration of livelihoods. In agreement with the president’s assertion, we can all play a part in rebuilding the province. This includes institutions of higher learning, particularly the Community Engagement Directorates whose mandate is to drive socioeconomic development to external communities.

Related article:
Opinion: KZN floods expose significant socio-economic and environmental vulnerabilities

KZN FLOODS

News Archive

Democracy and traditional leadership in rural areas explored
2017-09-22

Description: Democracy Tags: Democracy, customary law, human rights, research, constitution 

Prof Lungisile Ntsebeza, recipient of the NRF Hamilton
Naki Award
Photo: Supplied


The Free State Centre for Human Rights held a presentation by Prof Lungisile Ntsebeza on 7 September 2017 at the University of the Free State (UFS) Bloemfontein Campus on the topic of democracy and traditional leadership in rural areas. Prof Ntsebeza is the holder of the AC Jordan Chair in African Studies at the University of Cape Town and the holder of the National Research Foundation (NRF) Research Chair in Land Reform and Democracy in South Africa. 

Conflict between democracy and traditional rule
The topic of democracy and traditional leadership in the rural areas is an example of the tension between democracy and customary law governing the appointment of traditional leaders (headmen) that is currently at play in many parts of the country. Prof Ntsebeza made reference to a court case in the Eastern Cape, where a community successfully challenged the appointment of a headman by the royal family of the area. The contention was whether royal families could appoint headmen in rural communities or if those communities ought to democratically elect their own leaders. He argued that in this specific case, the democratic imperatives of the Constitution did not conflict with customary law because of the particular communal practice of electing leaders. 

The Constitution and customary law

The Constitution of South Africa recognises customary law provisions which are not in conflict with its fundamental values. Difficult legitimacy problems may arise where customary practices are different from those governing this particular case. Ultimately the Constitutional Court would be called upon to resolve inherent tensions and develop customary law in line with the direction foreseen in the Constitution.

Student engagement as a vehicle for change
The event was attended by UFS staff and fourth-year LLB students in the Faculty of Law, and was funded by the Free State Centre for Human Rights at UFS. The programme is one of several that the centre seeks to utilise in engaging students with researchers and scholars in the field of law and human rights. Prof Ntsebeza has given academic presentations on various related and trending topics in the current academic climate, such as decolonising the curriculum, Cecil John Rhodes and others. He was recently awarded the Hamilton Naki Award at the 2017 National Research Foundation Awards.

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