Paper short abstract:

This paper reflects on the meaning of democracy for people residing in the rural areas of the former bantustans by focusing on the issue of the appointment of headmen

Paper long abstract:

The implementation of the Traditional Leadership and Governance Framework Act (Framework Act) of 2003 in the Eastern Cape Province in South Africa has revealed an aspect which further threatens the democratic project in this country. This relates to the issue of succession of headmen. According to the Framework Act, the authority to appoint headmen resides with the "royal family", which, importantly, should be guided by the prevailing "custom" of the area concerned. How this clause is to be interpreted has become a hotly debated issue. In the Eastern Cape, for example, the government interprets the clause to mean that the "royal family" has the power to appoint the headman without necessarily consulting the villagers. This interpretation of the law was challenged in one area, Cala Reserve in the Xhalanga district of the Eastern Cape, right up to the High Court.

This paper focuses on the above issue by giving a detailed account of the Cala Reserve case. The paper situates the case of Cala Reserve in the historical context of rural local government in South Africa, in general, and Xhalanga, in particular. I conclude the paper by reflecting on the significance of the Court judgement for rural local government in the former bantustans of South Africa.