The State of Secularism by Leatt Dhammamegha Annie;

Author:Leatt, Dhammamegha Annie; [Dhammamegha Annie Leatt]
Language: eng
Format: epub
Publisher: Wits University Press
Published: 2017-08-15T00:00:00+00:00

This report elicited a lengthy but inconclusive debate on 18 June and again the following week (NA NEG 1/5/2/15).

In the meantime, the draft 16th principle read: ‘At each level of government there shall be democratic representation.’ To take the traditional leader clause into account, an addition was suggested: ‘with appropriate provisions for Traditional Leaders at each level where applicable’ (NA NEG 1/5/2/17). These two matters were resolved in tense bilaterals over lunch on the day before the Constitutional Principles were finalised (NA NEG 1/5/2/23) and two principles were entrenched. Constitutional Principle 2.12 reads:

The institution, status and role of Traditional Leadership, according to indigenous law, shall be recognised and protected in the Constitution. Indigenous law, like common law, shall be recognised and applied by the courts subject to the provisions of the fundamental rights contained in the constitution and to legislation dealing specifically therewith. (NA NEG 1/5/2/23)

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