Harsh customs: Chiefs punish with pecuniary powers

Heidi Swart

24 FEB 2012, 00:58

3 min read

Traditional leaders have the power to impose taxes and levies on impoverished communities — a heavy burden often carried by rural women.

In 2010, Maria Mabaso from the KwaQwashi community in KwaZulu-Natal made a submission in Parliament to the rural development and land reform committee during public hearings about the Black Authorities Repeals Bill.

At the time she was the chairperson of the Farm Evictions and Development Committee in the Zululand district.

She said about 70% of the people in her community were unemployed and most of them — six out of 10 were women were dependent on social grants.

Mabaso listed a wide range of taxes and levies imposed by traditional leaders and said similar burdens rested on the shoulders of neighbouring communities.

Examples of situations in which money had to be paid to a chief included:

pregnant girl’s parents could be obliged to pay between R200 and R1 000;

widow wishing to perform a mourning ritual could be slapped with taxes ranging from R300 to R1 000;

Traditional leaders could charge “development taxes”, contending that the money would be invested in infrastructure development. In reality, such development was paid for by the government. In one community, each family had to pay R500 towards new road construction;

When the government buys land for the purpose of land reform, the beneficiaries of the land could be obliged to pay levies to their traditional leader to access their own land;

Should a traditional leader incur private legal costs, the community could be forced to carry them. “In most instances, the tax will be about R150 per person. The fees are paid no matter what the costs award is in the matter,” Mabaso said;

Attending the unveiling of a tombstone could cost a community member between R300 and R1 000;

A fee of between R200 and R500 could be charged for a wedding ceremony;

In one village, each household had to pay R50 towards sending the traditional leader’s child to university;

A “horse tax” for the traditional leader’s use of a car could amount to R50 per household;

Taxes could be charged for the traditional skirts of the traditional leader’s wife. The community might also be expected to contribute towards her other living expenses; and

Communities might be expected to pay tax for extensions to traditional leaders’ homes.

According to Mabaso, there was no record of taxes and levies paid. Should a community member default on paying tax, punishment would follow.

“The traditional leader will not give any support to you and if you ask the chief for anything, he will not help you. You will not be allowed to bury your relatives in the community and you cannot receive your verification as a member of that community, for example.”

Following the public hearings, the rural development and land reform committee said: “After hearing testimony after testimony of abuses by traditional authorities, members concluded that the issues raised — stemmed from the legacy of the Black Authorities Act being perpetuated in the Traditional Courts Bill and the Traditional Leadership and Governance Framework Act.

“The crux of the matter was the imposition of unwarranted tribal levies and financial abuse of these funds.”