LIMPOPO – Hosi Mahumani has strongly criticised the recent traditional court ruling that prohibits traditional leaders from charging levies to their communities. He expressed deep concern over the widespread misunderstanding of the ruling, emphasising that many people have misinterpreted its intent and implications and therefore spread wrong information to communities.
According to him, the ruling does not necessarily strip traditional leaders of their role in collecting community contributions but rather aims to address cases of abuse or lack of transparency. He argued that community levies have historically played a vital role in helping traditional institutions run their administrative offices and support community projects.
“I believe the confusion with regard to the recent High Court judgment was because many people do not fully understand it. I, however, studied law, and I am able to interpret such judgments and legal documents, including statutes,” said Hosi Mahumani, a former chief magistrate.
He said the problem was that some people were misrepresenting the ruling and were going around telling others that levies were no longer allowed, which he said was not true.
“The court did not say levies are illegal, it said they must be based on a community agreement, which we have here,” he said, insisting that traditional institutions cannot function without levies.
Mahumani was speaking at Nkomo village during the village’s annual general meeting where he presented budgets and the projects undertaken in the previous year to his communities.
He argued that the Mahumani Traditional Leadership was a customary law institution that derives its authority from the Constitution of the Republic of South Africa, and therefore, has the power to develop its by-laws to help govern its communities effectively.
He, therefore, urged his communities to comply with the by-laws set by his office and his council. “What other traditional leaders do in their villages is not our business. If you cannot comply with our by-laws, then don’t waste your time, just pack up and go,” he said.
“You must understand that this area falls under the jurisdiction of traditional leadership, not some informal settlement. Whether you like it or not, when we say there is a levy, you are expected to comply. If you are not willing, then perhaps it’s time you consider leaving,” he continued.
He argued that, unlike other state institutions, traditional structures are not allocated budgets by government, and therefore rely on the levy for administrative purposes.
However, Mahumani also highlighted the need for dialogue on the matter. “This issue requires that we, as traditional leaders, engage in thorough discussions before the end of the year and develop a clear proposal to present to the government, urging it to consider allocating a budget to traditional institutions,” he said.
