Lim traditional leaders await Coghsta guidance on ruling
Traditional leaders await Coghsta's guidance after a court ruling banned them from imposing levies on communities.
LIMPOPO – Traditional leaders under the Sinthumule Territorial Council say they are awaiting direction from the Department of Cooperative Governance, Human Settlements and Traditional Affairs (Coghsta) following a Constitutional Court ruling prohibiting them from imposing taxes on communities.
On December 20 last year, the Constitutional Court upheld a previous Limpopo High Court decision that traditional authorities cannot collect compulsory payments for services, including issuing certificates. The Legal Resources Centre (LRC) stated that levies imposed by traditional leaders are unconstitutional, as only the state has the authority to tax citizens. Many communities across Limpopo have been subjected to these levies, paying fees for services such as proof of residence – required by banks – land for housing, and business permits.
Read more: ConCourt invalidates Limpopo law on ‘tribal taxes’
Residents reportedly pay R20 for proof of residence, R300 for permission to move between two traditional jurisdictions, R2 500 for a stand, and up to R3 000 for a new business, depending on the land size. Those who fail to pay risk being denied essential documents needed for social grant applications or even facing social exclusion.
Chief Ntsundeni Sinthumule denies that traditional leaders charge fees for services, stating that community members voluntarily contribute as part of an age-old tradition passed down through generations. He argues that ending these contributions would weaken the role of traditional councils.
Coghsta spokesperson Tsakani Baloyi reaffirmed Provincial Government’s commitment to upholding the rule of law. She stated that a draft plan is being developed in consultation with key stakeholders, including the Provincial and Local Houses of Traditional Leaders, to implement the Constitutional Court ruling. The plan will be published once finalised. Additionally, discussions will continue on how to fund traditional councils to ensure they can fulfil their legislative and customary roles without relying on community levies.
