By Nkosana Khumalo
The Congress of Traditional Leaders of South Africa (CONTRALESA) is set for a legal confrontation with KwaZulu-Natal’s MEC for Cooperative Governance and Traditional Affairs (CoGTA), Reverend Thulasizwe Buthelezi, over the contentious removal of Izinduna (headmen) from their positions.
The traditional leadership organisation has threatened to take legal action should Buthelezi proceed with his efforts to remove Izinduna who, according to CONTRALESA, were appointed in accordance with the Traditional Leadership and Governance Framework Act 41 of 2003.
This dispute arises from a recent announcement by Buthelezi in Ulundi, where he indicated that CoGTA would be “cleaning its database” by removing Izinduna who had been dethroned by Amakhosi (chiefs) and who are allegedly running parallel offices. CONTRALESA, which represents the traditional leaders in KwaZulu-Natal, has voiced strong opposition, claiming that Buthelezi’s actions violate statutory procedures and undermine traditional governance structures.
Background of the Conflict: Izinduna Appointments and the Traditional Leadership Act
According to CONTRALESA, Izinduna in KwaZulu-Natal are appointed under Section 11 of the Traditional Leadership and Governance Framework Act 41 of 2003, which outlines the roles and responsibilities of traditional leadership within South Africa. The Act is clear in stipulating that the removal of Izinduna from office must follow specific grounds and procedures as outlined in Section 12.
CONTRALESA argues that the MEC’s directive allowing Amakhosi to remove Izinduna without following the legally mandated processes is unlawful and contrary to the principles of the Traditional Leadership Act. The organisation’s attorneys emphasised that the Act requires adherence to Section 12(1), which lists the grounds for removal, and Section 12(2), which specifies the procedures to be followed once these grounds have been established.
CONTRALESA’s Legal Stance and Potential Court Action
In a formal letter to the MEC, CONTRALESA’s legal representatives from Kunene Attorneys argued that Buthelezi’s directive is “ultra vires,” meaning it exceeds the powers conferred upon him by law. They maintain that any removal of Izinduna without due process violates the rights of these headmen and threatens the stability of traditional governance structures in KwaZulu-Natal.
“Some of Izinduna have been given letters to remove them from office without following the prescripts of the Act,” the letter stated. “Our client wishes to resolve this matter amicably and by dialogue with the MEC for CoGTA, KZN. However, should the Honourable MEC not be amenable to such dialogue and settlement, we hold instruction to approach the appropriate forums for an appropriate relief.”
The attorneys requested a response from the MEC within five days, signalling CONTRALESA’s willingness to seek judicial intervention if necessary. The organisation’s stance reflects a broader concern that the MEC’s actions undermine the traditional leadership framework established to safeguard the roles of Izinduna and Amakhosi.
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