A Groundbreaking Dialogue: Traditional Leaders in Vhembe District Step Forward to Shape Constitutional Reform

On 27 May 2025, the Vhembe House of Traditional and Khoisan Leaders, in strategic partnership with the Institute for Rural Development (IRD) and the Department of Public Law from the School of Law, Faculty of Management, Commerce and Law (FMCL) at the University of Venda, convened a historic stakeholder engagement in the Research Conference Centre. Sixty-two people comprising 28 Senior Traditional Leaders (Chiefs), community members representing assorted structures, academic and support staff, and students participated in the workshop.

The purpose of this consultative engagement was to critically reflect on how the Constitution of the Republic of South Africa protects the institution of traditional leadership and to amplify their voices. This engagement was both a response to the national call for annual constitutional review submissions and a bold step toward ensuring the integration of heritage, customary governance and cultural identity within South Africa’s evolving democratic framework. The event, which Dr Mazibuko facilitated, began with Ms Zama Mopai from the Department of Public Law, delivering an opening prayer. Thereafter, Mr Makhubele (a Protocols Officer with the Limpopo Department of Cooperative Governance, Human Settlements and Traditional Affairs) welcomed and introduced each traditional leader following Venda and Tsonga customs and traditions. This underscored the centrality of traditional authority in community life and governance.
Delivering the official opening, Prof Joseph Francis, the University of Venda’s Acting Dep-uty Vice-Chancellor for Research and Postgraduate Studies, expressed his deep appre-ciation for the participation of 28 senior traditional leaders, in particular. He described this level of commitment as rare and profoundly symbolic of the powerful relation-ship between the University and rural communities. “The presence of so many tradi-tional leaders in this workshop represents the voices and presence of their commu-nity members,” he remarked. Prof Francis noted with pride that the Vhembe District was likely to be the only one in South Africa actively convening such a formal platform to engage in the constitutional review process, thereby setting an example for other regions to emulate. Special gratitude was reserved for Hosi Mahumane, a retired Senior Magistrate from Greater Giyani Local Municipality in Mopani District, for agree-ing to share his knowledge, experience and expertise in constitutional matters with his peers in Vhembe District. Such a commendable feat should be applauded by all.
Prof Francis went on to reiterate the workshop’s theme, “Our Heritage, Our Constitution and Our Voices.” Continuing with his welcome address, he introduced the academic and institutional partners present, namely the Department of Public Law in the School of Law, FMCL (together with the Director of the School of Law, Prof Lonias Ndlovu) and the Institute for Rural Development. His remarks underscored the significance of amplifying the perspectives of rural and traditional leadership in a national legal discourse often shaped without them. Prof Francis concluded by thanking the Vhembe Local House of Traditional and Khoisan Executive Committee for requesting the university to convene and host this crucial workshop on the South African constitutional democracy landscape.
Dr Agnes Mathaulula from the IRD took the floor to provide guidance on active participation protocols. She encouraged attendees to minimise movement during sessions, put their mobile phones in silent mode and actively participate in all deliberations. More importantly, she reminded participants that their lived experiences and insights were critical for shaping a Constitution that reflects the values, customs, aspirations and needs of rural communities. This created an inclusive, respectful environment that enabled honest and meaningful engagement thereafter.

Hosi Given Bungeni, Chairperson of the Vhembe House of Traditional and Khoisan Leaders Hosi G. Bungeni reflected on insights from a workshop held recently at Porche Vil-la. He then invited Thovhele Masia to elaborate on outcomes of that work-shop and highlight how the idea of the Constitutional Review workshop arose.
Thovhele Masia reminded attendees of the fast-approaching 31 May 2025 dead-line for submitting formal constitutional review inputs to the national Parliament. He emphasised the urgency and necessity for the Vhembe House of Tradition-al and Khoisan Leaders to speak with a united voice. “High attendance must match active participation,” he pleaded, noting that constitutional renewal is not an event but a process requiring collective and consistent effort. Hosi Bungeni also ex-tended heartfelt gratitude to Hosi Mahumane from Mopani District, whose pres-ence, he said, “enriched the dialogue with wisdom and national perspective.”
In a powerful keynote address, Hosi Mahumane expressed his appreciation for being in-vited to share his views on the Constitutional review and praised the Vhembe House of Traditional and Khoisan Leaders’ initiative. “One’s attitude determines their altitude,” he said, asserting the need for commitment despite increasing marginalisation. He re-vealed that while traditional leaders are acknowledged in law, quite often they are de-nied meaningful authority in governance structures. “We are often referred to as ‘Coun-cils,’ but a Hosi is not a Councillor. We are authorities, not mere advisors,” he declared.
Hosi Mahumane went on to offer a penetrating historical overview of the traditional lead-ership’s role in constitutional and legislative frameworks. He outlined how the 1993 Interim Constitution offered recognition without governance authority. The 1996 final Constitution continued this symbolic inclusion. Subsequent laws, including the Traditional Leadership and Governance Framework Act of 2003 and the Traditional and Khoisan Leadership Act of 2019, further reinforced recognition the role of traditional leadership but implementa-tion remains paused. Why this is so is unclear. Hosi Mahumani went on to observe that although the Traditional Courts Act (Act 9 of 2022) was passed. However, he noted that “We are still waiting for its enforcement to give traditional leaders the capacity to re-solve disputes and govern effectively.” To give perspective and hope, he shared an exam-ple of how his Mahumani Traditional Authority’s integrated local community issues into the Greater Giyani Municipality’s IDP process. He said, “I compile the needs of my people with my people, then submit the document of their needs to the Municipality.” This, he ar-gued, should be the model for inclusive and responsive local developmental governance.
The plenary session surfaced several critical issues that traditional leaders be-lieve must inform constitutional reforms. One of the most prominent concerns was the administration of communal land. Participants wanted to know wheth-er constitutional amendments would explicitly affirm their authority to manage land under customary systems. They voiced frustrations over their inability to is-sue title deeds or intervene in land disputes, which placed their legitimacy at risk.
A recurring theme was the exclusion of traditional leaders from local deci-sion-making platforms, especially in the delivery of essential services such as housing, water and sanitation. Despite being the first point of contact for ru-ral communities, traditional leaders are often left out of integrated development planning processes, thus limiting their ability to advocate for their constituents.
The leaders also highlighted the severe financial constraints facing Traditional Coun-cils. Once supported through local levies, many now operate with no budgetary support.
“How are we expected to serve our communities when we can’t even buy stationery or pay for electricity?” asked one leader, stress-ing the inequity in resource allocation compared to Municipalities.
Another critical concern was the erosion of customary law. The leaders stressed the need to uphold customary systems of justice and governance. They warned that state-led expropriation of land could erase centuries of indige-nous systems if this is not balanced with respect for traditional governance.
Dr Crystal Mokoena, the Interim Head of the Department of Public Law in the School of Law, remarked on how insightful and significant the keynote address by Hosi Mahumani was.
She emphasised that the points he raised served as an excellent and com-prehensive springboard to the presentations that members of the Depart-ment of Public Law prepared for the consultative workshop. She went then in-troduced the three thematic presentations by members of her Department.
Ms Zama Mopai presented on ‘Understanding and Analysing Cultur-al Rights in Sections 30, 31 and 235 of the Constitution’. Her presenta-tion mapped out possibilities for traditional leaders emanating from the con-stitutionally guaranteed rights to culture, language and self-determination. Adv Norman Raphulu’s presentation on ‘Land Rights and Tradition-al Leadership,’ which indicated that the Constitution needs to give our tradition-al leaders land administration authority to be administered by valid customary laws.
The last presentation was by Adv Themba Skhosana, who discussed ‘The Constitution-al Recognition of the Institution, Status and Role of Traditional Leadership.’ It highlight-ed some challenges arising from interpreting sections 211 and 212 of the Constitution.
All three presentations shed light on the legal perspective of some of the sections of the Constitution that are most relevant to traditional leadership, culture and custom-ary law. Consequently, the presentations by Ms Mopai, Adv Raphulu, and Adv Skhosa-na made the traditional leaders understand the relevant provisions to their institution and to identify issues of concern, if any, to be submitted for the constitutional review process.
Out of the rich discussions emerged a set of concrete recommendations. First, constitu-tional reform must include explicit clauses that define and protect the governance roles of traditional leaders. Secondly, traditional leaders must be formally integrated into lo-cal government systems, particularly in IDP formulation, budget allocation and communi-ty oversight. Land rights must be affirmed through legally recognising traditional authori-ties’ capacity to administer communal land and issue title deeds grounded in customary law.
The Traditional Courts Act (Act 9 of 2022) should be urgently implemented to for-malise dispute resolution under customary frameworks. Moreover, Tradition-al Councils must be supported through clearly defined budgetary allocations equiv-alent to municipal structures. Finally, communities should be mobilised through traditional institutions to actively participate in constitutional reform processes, ensur-ing that the voices of the rural majority are not just heard but respected and protected.

This landmark workshop reaffirmed the Vhembe House of Traditional and Khoisan Leaders as a bedrock of participatory democracy, academic collaboration and cultur-al integrity. It demonstrated that traditional leadership is not an outdated relic but a liv-ing, adaptive institution central to South Africa’s development and governance. With the 31 May 2025 parliamentary deadline fast approaching, the workshop emphasised the urgency of consolidating and submitting the collective positions of traditional leaders.
As Prof Francis noted when delivering closing remarks, “This initiative is not just a con-sultation – it is a declaration. It is time we rewrite the Constitution to reflect the lived re-alities of our people, our heritage and our governance traditions.” The workshop out-comes will be synthesised and formally submitted to Parliament, marking a powerful chapter in South Africa’s journey toward a truly inclusive constitutional democracy.

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