Feature: South Sudan’s Kings and Chiefs in the courts of Ghana

South Sudan’s Kings and Chiefs visit the courts of Ghana
A report on the ’Study/Familiarisation Tour of Traditional Leaders of
South Sudan to Three African Countries’

By Toby Collins

17 March, 2013 (LONDON) - A delegation of South Sudan’s Traditional
Leaders (TLs) has completed a tour of African countries in which a
successful synthesis of governance at the local and centralised levels
has been achieved.

Sudan Tribune caught up with the group on the Ghana leg of their trip
which also included South Africa and Botswana.

The Swiss Government initiative to support the Government of South
Sudan (GoSS) was set up to educate a group of TLs; government
representatives dealing with local governance; and members of the
National Constitutional Review Commission, on the roles played by TLs
in other African countries.

It was hoped that participants would then share their knowledge among
colleagues and act as promoters of the inclusion of Traditional
Authorities (TA) in South Sudan’s institutions.

Although the participants received lectures from esteemed academics
and learned Ghanaian TLs, at many points during the tour the greatest
impact was achieved through context, overcoming language and cultural
barriers. In particular, meeting with Ghanaian TLs within their courts
was profoundly affecting due to the dignity with which they conducted
themselves and the reverence with which they practised ancient
protocols; appeasing their ancestors and welcoming the guests. The
vitality and continued relevance of these traditions was in stark
relief to those of many of the South Sudanese guests, who conceded
that a significant part of the collective traditional memory had been
eroded by decades of conflict and colonial rule.

The South Sudanese people’s focus upon the war and the contempt in
which successive governments held traditional practices has led to a
diminishing of cultural significance of TA in some communities. There
has also been a degradation of the authority of the TLs with the rise
of Juba’s educated and military elite.

This has contributed to a general centralisation of South Sudan’s
power and a stratification of types of leadership. A perception has
pervaded, amongst some, of the diminished relevance of those
’uneducated’ people in the rural areas, as they do not have the
capacity to bring about significant change in their communities;
unlike those with their hands on the purse strings in Juba with the
contractor and investor contacts to enact developmental projects.

However, even before the signing of the Comprehensive Peace Agreement
(CPA) in 2005, TA institutions were being afforded greater recognition
and support. In 1994 the first national assembly enshrined the role of
the TLs as an integral part of the governmental structure in the
Interim Constitution of Southern Sudan.

Due to increasing inter-ethnic conflict GoSS resolved to strengthen TA
structures with the signing of Local Government Act in 2009, setting
out governmental structures at various levels including the Councils
of Traditional Authority Leaders (COTALs).

In October 2009 TLs; envoys from kingdoms; representatives from the
state and national governments; and representatives of the justice
authorities drafted a draft law setting up a COTAL in each of the ten
states. According to the laws, the COTALs are to function as an
intermediary between traditional societies and modern state
structures; as a body providing advice on matters relating to its
community; and as a forum for civil society groups.

Between July and October 2010, draft law consultations were conducted
throughout South Sudan with civil society and governmental
authorities, to be ratified by all state authorities. After the
election, furnishing with basic infrastructure, and training of all
state COTALs has taken place an eleventh COTAL will be established at
the national level.

Also in 2010 the US Institute of Peace published a study into the
South Sudan’s traditional justice system which highlighted their
continued significance and importance in the development of the
nation. The report’s advocacy of a pragmatic use of these functioning
institutional frameworks, in the light of a under-developed South
Sudanese bureaucracy, was taken a step further in the study tour. The
TLs were approached as significant, not only as a means to judicial
and developmental ends, but as bastions of cultural heritage. This is
of particular importance as South Sudan’s cultures have been under
pressure for decades and it is still developing a sense of national
identity.

In implementation of the Local Government Act in November 2011 the
South Sudan Local Government Board and the Human Security Division of
the Swiss Confederation renewed their memorandum of understanding,
stating that the COTALs will be established in two years.

The Swiss agreed to support South Sudan by assisting in the
establishing the legal frameworks for the COTALs; supporting the
election/selection processes of all eleven COTALs; and by making the
COTALs functional by providing support for the training of COTAL
members, SSLGB members and respective technical staff. The 2011
Transitional Constitution of South Sudan also recognised the role of
TA as an institution at the local government level.

Having followed Central Equatoria’s suit by electing and selecting its
COTAL representatives, Upper Nile members visited their 13 counties in
January 2012, interacting with the rural communities and assessing the
barriers to peace and development. Also, a training needs assessment
carried out during the inauguration of the Upper Nile COTAL has been
developed into a curriculum to provide basic training for the members.
In the other eight states the COTAL bills are still in the legislative
process and at the national level, a first draft of the National COTAL
bill is now in consultation.

The COTAL programme now aims to finalise this consultation; elect or
select more members; inaugurate COTALs in the remaining states;
provide training for all COTAL members according to the training
curriculum that is begin developed; and provide basic infrastructure
for the COTALs.

Demonstrative of the ruling Sudan People’s Liberation Movement’s
(SPLM) recognition of the role of TAs was the invitation offered to
all traditional kings, queens and chiefs for a consultative meeting at
the Kamuto Centre in Kapoeta county, Eastern Equatoria during June and
July 2004. This recognition was then formalised by the SPLM in the
resulting “Kamuto Declaration”.

The Swiss Government invited South Sudan’s TLs to its country to
participate in a forum based upon the “Kamuto Declaration” in April
2005. A conclusion of the forum was to set up study tours for the TLs,
the first of which took place in April 2006 with the support of the
Swiss Government and UN Development Programme.

The future of the COTALs is now dependent on the results of the
National Constitutional Review Commission’s drafting of a permanent
constitution, making it imperative to bring the COTALs to the
attention of the relevant members of the Commission.

The establishment of the COTAL has signalled the government’s
acknowledgement of the importance of the TLs in the future of the
nation’s development, as noted in the United State’s Institute of
Peace 2010 report of South Sudan’s traditional justice system.

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EVENT DIARY
GHANA VISIT 25-29 JANUARY 2013

The dialogue and quotes in this report are not verbatim.

DAY 1 - JANUARY 25

The Ghanaian leg of the Traditional Leaders study tour began in the
Alisa hotel in the country’s capital, Accra. In a packed room of the
Alisa Hotel on January 25 the 21-strong South Sudanese contingent was
met by a group of Ghanian TLs, politicians, academics and media. A
debate was held on the role of the TL in the context of a developing,
young African country.

South Sudan’s Presidential Advisor on Decentralisation and
Intergovernmental Linkages, Tor Deng Mawien Bak told the conference:


We intend to take the findings of this study tour back to South Sudan
and contact the Carter Centre to establish a legal framework for the
role of the TLs.

This must be done with sensitivity; when the South Sudan Local
Government Act was put in place in 2009 it called for Chiefs to be
elected. This was met with opposition from much of the local populous;
five people were killed in the ensuing violence.

Land ownership is an important issue. When the local populous does not
have a voice there is an opportunity for companies to operate
unethically. Oil was previously extracted in an environmentally
unsound way, without due consideration for the land. Chinese and Arab
developers extracted oil in the most financially rewarding way. The
resulting pollution is poisoning people through the water supplies and
the cattle through the grass which they graze upon.

A Ghanaian Traditional Leader also greeted the South Sudanese
delegates by providing an introduction to the discussion in the
Ghanian context


In Ghana the lines of succession in TL roles are steeped in history,
as in many developed countries which are described as democratic
monarchies. Our forefathers established and fought for our communities
and that is not forgotten in the continuing role played by their
successors.

In Ghana, whatever is more than 100m below the ground is the property
of the state, but the owner of the land is compensated for its
extraction.

Historically, in Africa when the state gains control of the land it is
the beginning of the end.

TRADITIONAL SYSTEMS IN SOUTH SUDAN

The leader of the study tour, Kwesi Kwaa Prah, from the Centre for
Advanced Studies on African Society (CASAS) described the role concept
of traditional leadership in South Sudan:


There are different types of TL which have evolved to fit their
societal environments, as identified in ’African Political Systems’
[M. Fortes and E. E. Evans-Pritchard, 1950]; direct - the Azande and
their Kings - and diffuse - the Dinka and Nuer with their influential
people int the community who make decisions collectively. Both systems
were successful in their fight against colonialism.

Providing a service for the people rather than being self-serving
should be the focus of the TLs.

Angelo Bagari Ungbanga Ukungu a Paramount Chief of Western Bahr El
Ghazal said that there are difficulties with the system in South
Sudan, especially when it comes to replacing a traditional leader as
some from his community call for the new leader to be chosen through
elections, rather than the traditional method of selection.

According to James Lual Deng Kuel, Chairperson of Committee for
Foreign Affairs and International Cooperation in South Sudan’s
National Legislative Assembly respect for traditional leaders was lost
during the colonial period when Traditional Authority systems were
damaged.

The power of chiefs had been diffused since the colonial era, Kuel
said, pointing out that during the colonial rule in his district had
10-12 chiefs ruling 70-80,000 people, whereas now there are more than
200 chiefs for the same area.

Repairing institutional frameworks is critical, he said, but argued
that chiefs should not be involved in politics.

President of Ghanaian Traditional Leaders explained that in his
country traditional councils are based on the original clan systems
with chiefs appointed by the paramount chief. Five members each are
selected from all ten regions.

He continued:


In Ghana there are female chiefs. With their title taken from the
British ex-colonial rulers, they are known as ’Queen Mothers’. They
must come from the royal line and cannot substitute the kings, but can
assist them.

In some of the Ghanaian communities eligibility to the line of
succession is matrilineal. This averts the potential conflict arising
from the contented fatherhood of heirs to the seat of authority.

Currently the community of the king assists with the funding of his
bureaucratic systems. There is a need to establish TL fund.

The role of king can be an expensive one; there is an expectation that
the TL will receive and accommodate guests to the community, even in
busy towns. As well as the size and furnishings of their palace are
considered representative of their community, great importance is put
upon a TLs appearance at public events. Most Ghanaian TLs rely upon a
private incomes as doctors, lawyers and professors.

Chiefs assist and advise in tax collection in their areas but are not
responsible for it. Many people in the community trust TLs more than
politicians because they know each other and are members of the same
communities.

Members of the South Sudanese delegation responded the presentations
by concluding that they should adopt traditional clothes like their
Ghanaian counterparts.

Partly as a result of a denigration of their traditions, some of the
South Sudanese delegation appeared to approach the Ghanaian adorned
with their traditional kentes - large pieces of brightly coloured
cloth wrapped around the waist and flung over the shoulder - uttering
incantations and ceremonially spitting schnapps on the floor as
farcical. However, repeated exposure to these traditions within a
respectful context appeared to go some way to counteract this
impression. The value of TA was also compounded by meeting TLs who
were highly educated, yet still closely tied to the traditions
practised by their ancestors and motivated to action positive change
in their respective communities.

Some also wore flamboyant jewellery which identified them as TLs of
specific communities.

Among the TLs in the South Sudanese delegation there was a wide range
of costumes. One king wore a leopard skin over his normal outfit,
another a sash over his suit and another what appeared to be a
handmade military uniform with tasselled shoulders.

Kwesi Kwaa Prah, from the Centre for Advanced Studies on African
Society (CASAS) said:


Culture makes us as much as we make it.

One of the main roles of the TLs is to protect their community’s
cultural heritage.

Africa is being overwhelmed by Christianity and Islam. If we do not
continue to preserve it, we will loose our identity as Africans.

Colonialism did not stop the Arabs from following Islam so it should
be possible for us to protect our cultures.

There are some similarities between Japanese Shintoism and aspects of
some of the traditional beliefs held in Africa. These beliefs have not
held Japan back – it is one of the world’s most advanced countries. If
we protect our languages, religion and ritual we will protect Africa
for ever.

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DAY 2 - JANUARY 26

ACCRA’S TRADITIONAL AUTHORITY

The following day, on January 26, the South Sudanese study group
visited the seat of the Traditional Authority in the Accra region,
where they were greeted with honour by their Ghanaian counterparts.

The element of chaos in these ceremonial events added authenticity to
their courtliness. Previously, an unruly dancing midget had been
barked at for disobedience, while money was thrown on the floor for
him to collect for his troupe. Here a musician was escorted out of the
palace, on several occasions, for his disruption. When the music
played whoever chose to, danced. The tension created by the sense that
what took place was unfettered and undiluted gave the proceedings
gravitas.

Ghanaian Traditional Leaders, known as Nananums, recited incantations
and performed a ceremony involving pouring and spitting schnapps on
the ground.

A court spokesperson explained to the South Sudanese delegation that
"the libations invoke our ancestors to accept and welcome these
guests".

A Ghanaian Nannum danced alone, his movements symbolising strength,
unity and welcoming the guests and a Ghanaian spiritual leader told
the South Sudanese that they were "our brother and sisters, left
behind en route to Israel."

The visit left a deep impression on many of the South Sudanese
traditional leaders. Tor Deng Mawien Bak, said, he felt like a changed
person when he entered the compound. "I felt as an African", he said.

The experience of how traditional leaders practice their customs had
showed him that such acts should not be associated with parochialism.


We have been reminded that the clothes of the TLs do not necessarily
mean that they are people of the countryside and therefore uneducated.
Some of those around are us are highly educated.

We fought for 50 years to be ourselves; to be Africans. We paid dearly
- 2.5million lives were lost in the conflict. Now that we have
attained our independence we need your support to build our new
nation. We need to rehabilitate our TA structures, which was destroyed
during the war.

The first delegation, which came to Ghana before the referendum, was
charged with reaching out to our fellow Africans. Now we are here to
listen to your advice and to find out how you administer justice /
handle spiritual affairs / coordinate with the government.

The head of the delegation noted that it was reprehensible that the
majority of the South Sudanese participants were, unlike their
Ghanaian counterparts, unable / chose not to, identify themselves with
their forefathers through their clothes.

In the Ghanaian court system if a commoner enters the royal court
dressed in clothes similar to those of a royal, they will be evicted.

He also spoke of the background of some of the South Sudanese TLs –
the stories of their ancestors which are key to their cultural makeup.
At these public events their tales of bravery acted as demonstrative
of the character of those TLs attending. Repetition of these
histories, amongst the delegation who were already familiar with them,
as with the communities from which the originated, strengthened their
role as a cache of moral arbitration and a benchmark against which
future actions could be measured. Keeping their ancestors present
through recounting their honourable deeds also makes the TLs
accountable to a higher power, specific to their communities. This
gives the TLs a very different perspective on leadership and provision
for their community to that of a governmental official with a
short-term drive for the approval of a fickle electorate.

A Ghanaian spokesperson further explained who traditional authorities
were organised:


Chieftaincies are based on family units. The original chief’s
authority can be based upon their founding of a community or their
demonstration of the requisite leadership skills to provide their
community with the direction it needs.

In most instances the current chief has been nominated by their
immediate family, but can only operate successfully with the support
of their community.

In many Ghanaian tribal systems the TL is selected by the Queen
Mother, from among her children. The system acts to negate the
potential conflict arising from the debated lineage of an heir.

These TLs deal with law and order. Central government uses
chieftaincies to communicate with the rural communities; the chiefs
are the link between the central government and the rural communities.

Delegates were presented with ceremonial stools, which the Ghanaian
TLs explained, would absorb the power instilled in them and transfer
it to their descendants.

Chieftancy and Local Government in Ghana, Past and Present

Back at the hotel George Hagan, a former Ghanian presidential
candidate gave a speech on the historical relationship between chiefs
and local government:


Sudan was my second home in the 1960s so I have a special interest in
it. Although chiefs are currently highly-esteemed, there has been an
erosion of the powers of TLs since Ghana gained independence.

African chieftaincy is a cultural institution – some buy the title
(e.g. Nigeria), some have spiritual authority and some have real
powers. Traditionally most of them have had the power to enact
justice; making laws, judgements and decreeing punishments.

The TL’s power is dependent on the loyalty of their community / the
communal ownership of land under their custody. They are the
custodians of the land of Ghana – with the current multi-party
democracy system in central government this can be a cause of
conflict.

Effective governance in the traditional way requires charisma.

Through European contact spiritual leaders lost some of their power in
their communities. This created a power vacuum filled by other,
non-spiritual, TL’s. However, some people in the region still consider
the ’Wolomo’ [spiritual leader] to be the most important member of the
TA group.

Similarly, in some communities those people in other TL roles are in
the driving seat. For example the rain-maker may be more significant
to the community in times of drought.

In many instances there is a disparity between what is happening on
the ground and what is on paper. It may be bureaucratically sound to
contact a district politician about getting something done, but is
likely to be ineffective.

District councils do not have space for chiefs yet it is they who have
the power at the local level.

Some communities established chieftaincies in order to negotiate with
others who already used the system. Colonial rule created a crucible
in which this level of dialogue was necessitated.

Chieftaincies can be constructed along non-traditional lines. An
ethnic group in Nigeria appointed a king in order to organise
themselves to fight the British colonial power.

The Asante kingdom, which remained independent of colonial rule until
1900, is a conglomeration of different groups which ruled most of the
area which constitutes present day Ghana. They had their own systems
of governance, including the establishment of a set of human rights.

TLs created a trans-ethnic state within Ghana with a constitution /
executive council / national assembly / judiciary. The president of
this confederacy was the elected king.

Finding a successor to the first king (who died) in some instances
resulted in conflict. This, a lack of revenue from taxes, and the
colonialist’s politicking spelled the end of this traditional
confederacy.

After the slave trade ended, ownership of the land became more
important for colonialists. In 1874 the British tried to pass a law to
take ownership. The TLs successfully fought against this.

The evangelising European influence of the colonialists undermined the
people’s loyalty to their TLs.

The British employed indirect rule by empowering the chiefs to enact
their rule. They divisively drew up district on the map of Ghana along
perceived ethnic lines and had to approve the chiefs which were
elected by their people, before they took power.

This collaboration had a damaging affect on the reputation of the TLs
in their communities.

Most Ghanaian communities have a sacred forest which requires the
permission of the chief to enter, unless there are extraordinary
circumstances such as a drought. As well as instilling a respect for
the environment in its community, this acts as an important
environmental buffer.

Kwane A. Nisin said that Africa has been undergoing a silent
revolution and that a strategy for collective action which was needed
in South Sudanese communities was impeded during colonialism.


The rise of the modern state has affected chieftaincies, with the
emergence of the citizen who does not necessarily have allegiances to
a TL. This has affected the relationship between the subjects and the
leadership. Men and women who have received an education have raised
questions about the legitimacy of the chiefs – demanding their
accountability. TLs’ flocks have diminished in size because fewer of
their members revere the TLs.

The traditional system needs to adapt to a changing, more democratic
world; it is currently in a state of suspended animation. Chiefs
should reform themselves in line with democratic principles, based on
citizens rather than subject. If they do not, the political class will
take action and the results will be unpredictable.

GHANA’S SYSTEM

In a question and answer session the delegates learnt more detail
about Ghana’s traditional authority system.

The ten regions have coordinating councils, each headed by a regional
minister, who are appointed by the president. Many of them are also in
the national parliament.

In some regions, such as Accra, the spiritual chief is often treated
as being of greater importance than the secular chief; the spiritual
chief being treated as the owner of the land and with the power to
appoint the secular chiefs.

In Africa, delegates said, secular leaders are expected to have a
spiritual capacity, which is often demonstrated in the way their
leadership is reported upon and discussed. This leads to a perception
of the leadership as imbued with a deeply rooted propensity for good
luck or bad luck. Ghanian delegates illustrated this by observing that
their current presidency has not brought the country good fortune.

The chiefs can come to Accra and find doors opened for them. They
therefore have the leverage to fulfil the infrastructural demands of
their community.

Ghana is sustained by its informal economy so the TLs have a lot of clout.

The group around the ’Asante Hini’ are better qualified than those
around the president. There is a sense of pride in serving the Asante
kingdom. There are retired professors and doctors working in the
organisation for the satisfaction and honour which it gives them.

Chiefs do not need to use formal structures.

The government pays the chiefs royalties on the land they use.

The things you value most cannot be sold – this is the cases here with the land.

Asante laws were produced on a rational basis. When ’Asante Hini’ was
decreed that those who left there houses in a mess would be fined. His
court jester accused him of the said crime and was fined accordingly.

Ensuring that people who are personable / educated / with drive are
elected as chiefs, there people will back them more and will be proud
to put their community’s name to them.

However, chieftaincies will die if internal squabbling occurs during
the appointment of new members.

The French Revolution is an example of the results of conflict between
unadaptable ’chieftaincies’ and the state government.

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DAY 3 - 28 JANUARY

THE NEW PALACE

Deng Mawien Bak opened the day’s discussions by reaffirming that the
South Sudanese was in Accra to "learn from our Ghanaian brothers".


Previously our focus was upon winning the war against Khartoum so that
we could exercise the right to be African. Now we want to put in place
TA structures like those we have seen here.

>From the highly educated Ghanaian TLs we have learnt that education
does not necessarily remove you from your people. We in government
have sometimes tended to consider ourselves above the TLs in rural
areas.

One of the Ghanaian TL’s responded by expressing their willingness to
come to South Sudan and to assist them in matters of leadership, and
offering their vocational skill many of them possess in practices such
as law.

THE OLD PALACE

The adherence to ancient protocols continued when the group moved to
the old palace, in the courtyard of which they were hundreds of TLs,
courtiers and onlookers. The group was met with a beating of drums and
greeted one by one by all of the TLs, including the Queen Mothers.

The Ghanaian TLs explained that the appropriate word for the guests to
say to their hosts was ’Akwapa’, which was met with the response ’Yo’.
The warm greeting was followed by a welcoming speech and dancing,
which some of the South Sudanese delegation joined in with.

A blessing was made in which alcohol was ceremonially poured on the
ground and incantations were uttered.

Participants were presented with bracelets, representing peace and a
hope that the visitors will be able to achieve peace with the
re-establishment of their TL structures.

Following the visit to the Old Palace, Kwesi Kwaa Prah of the Centre
for Advanced Studies on African Society (CASAS) said that the
relationships being established between the South Sudanese TLs and
their Ghanaian counterparts could be mutually beneficial.


The Arabs entered Africa in the 7th century. Within a few decades they
had conquered all of North Africa. The culture of Arabism has
continued to move south since then. The replacement of native cultures
by those of the Arabs met its first resistance in South Sudan. This
makes South Sudan and the struggle of its people significant in the
history of Africa as a whole.

It remains relevant in a contemporary context; what is happening in
Mali is an extension of this.

The French army is currently engaged with Islamists who took control
of northern Mail.

South Sudan’s structures of administration and service delivery have
been shattered by war. We know TL structures are closest to the hearts
and minds of the people, especially in the rural areas, and can
therefore play a significant role in the development of the country.
That is why South Sudan established the COTALs.

South Sudan deputy minister


This is my third visit to Ghana; I first came here as a guerrilla fighter.

When I go to Khartoum I feel like a stranger and here I feel at home.

The traditions we are seeing here are African traditions and as such
we hope that you preserve them for the benefit of us all.

South Sudan minister


Khartoum was determined to crush us. Their backing by 22 other
countries was not enough to defeat us due to the support we received
from our African brothers. However, during this conflict we were
focused upon victory, not development. Now our attention needs to turn
to that.

Two years ago [before South Sudan’s independence] we were part of the
Arab League. Now we are African.

Ghanaian Paramount Chief


I want to commend you for choosing Ghana as a brother from whom you
can learn about independence and its established TL institutions.

We do not have the conflict problems which there are in bordering
nations, partly due to the success of our TL institutions.

Immediately after Ghana’s independence our chiefs led with
totalitarian rule, leading their people into war. Their role has
adapted with the changing societal situation.

The chiefs still carry out some legislative / judicial duties – mostly
administration of TAs.

Our customs and traditions are what make us unique. Our main objective
is developmental. However, in order to achieve our objectives we need
more funding. This is crucial to ensuring that the TLs are able to
remain independent.

Other Ghanaina TLs noted the expensive nature of their role in Ghana.
There is an expectation in many communities that they take
responsibility for hosting guests and putting on functions. There are
also the administrative costs entailed in the running of a court.

Financial independence is doubly important in light of the potential
for manipulation. Investors who want to use the resource of a
community’s land must first seek the permission of its TL, creating a
dynamic in which the danger of corruption would be all the more acute
with a TL already under financial pressure.

We must ensure lines of succession are clearly defined to avoid conflict.

Funding us is key – ensuring that the TLs can remain independent of
political pressures.

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DAY 4 - 29 JANUARY

On the final day of the conference Dr Nanasuf spoke about the complex,
tiered system of chieftaincy has existed in Africa for centuries.
Traditional Leaders, he said, are people who command respect in either
in their wisdom or in their capacity to protect the people of their
communities. Building upon these structures is a productive system, he
recommended.


The British colonisers passed legislation, applicable until 1951,
establishing mechanisms to ensure a diffusion of the chiefs’ power.
However, there was subtlety to their manipulation of power; the
colonisers adopted a system of indirect rule which created the
illusion of local self-determination.

The British colonial power in what was then the region of Southern
Sudan, and is now South Sudan the country, applied the principal of
indirect rule. However, this was adopted to a lesser degree by the
Khartoum government when Sudan’s independence was gained in 1956.

When Ghana gained its independence in 1957 the administration was
unsure how much power to instil in the chiefs. Successive governments
have returned more power to them.

Although it is a difficult distinction to make, given their role, it
is important that the TLs are removed from active participation in
governance.

Not being party political has allowed the TLs to approach the future
of their communities more far-sightedly. Some chiefs have been in
their posts for decades, seeing governments come and go, instilling
them with a wealth of knowledge.

The chiefs are answerable to their ancestors as well as to the people
of their communities. This gives them a different perspective.

Using the Alternative Resolution Law, Ghanaian TLs have the authority
to adjudicate in local cases.

Also, 85 percent of Ghana’s land is owned directly or indirectly by the chiefs.

Indirect rule can take the form of leadership over a clan which are
answerable to a TL.

Clans own land and are answerable to a chief. If a family migrates
into an area they have to establish an arrangement with the local
chief to pay for their use of the land which did not belong to their
ancestors.

Land can only be taken on a leasehold basis. Currently this is capped
at 99 years and it may be reduced to 55 years. This leasing is based
upon environmental considerations and can be revoked.

However, if there are significant resources are discovered
underground, these are considered as national interests which can be
used by central government, with due compensation provided to the
people of that area.

The Ghanaian constitution recognises the importance of the TLs. Their
proximity to the people gives them a special relationship with them.

It is crucial that the lines of succession are clearly defined as it
is one of the key sources of conflict within chieftaincies.

Chiefs are responsible for finding the resources to develop their
communities. There are those chiefs who have taken this responsibility
to heart and are making great strides.

There could be criticism of the opulence of the chiefs’ appearances.
However, for many people in their communities feeling pride in their
leadership is a price worth paying. They see their chief as a public
embodiment of their community.

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Participants
• Tor Deng Mawien Bak, Presidential Advisor on Decentralisation and
Intergovernmental Linkages
• Garang Akok, Office Manager of the Presidential Advisor on
Decentralisation and Intergovernmental Linkages
• James Lual Deng Kuel, Chairperson of Committee for Foreign Affairs
and International Cooperation, National Legislative Assembly
• John Masua Madanza, Chairperson of Committee for Decentralized
Governance and State Affairs, National Legislature, Council of States
• Agol Ayuel Adway Agol, Chairperson of COTAL Upper Nile
• Alfonse Legge Loku Tombe, Chairperson of COTAL Central Equatoria
• Wilson Peni Rikito Gbudue, King of Zande
• Akwai Agada Akwia, King of Anyuak
• Achien Achien YOR, Paramount Chief of Northern Bahr El Ghazal
• Angelo Bagari Ungbanga Ukungu, Paramount Chief of Western Bahr El Ghazal
• David Mangar Nhial Kon, Paramount Chief of Lakes State
• Manoon Ater Guot Chol, Executive Chief of Warrap
• Del Rumdit Deng, Director General of Local Government and
Traditional Authorities, Local Government Board, Office of the
President
• James Alala Deng, President of Court of Appeal Greater Bahr El
Ghazal, Judiciary
• Adam Abwol Kiir Deng, Legal Counsel, Ministry of Justice
• Jackline Novello Nailock Tamot, Director for Gender, Ministry of
Gender, Child and Social Welfare
• Margret Akon Isaiah Majok, Gender Focal Point, Ministry of Gender,
Child and Social Welfare
• Acuil Malith Banggol, Gurtong Trust Board Member
• Oliver Humbel, Human Security Adviser, Federal Department of Foreign
Affairs, Switzerland
• Kwesi Kwaa Prah, Tour Leader, Professor, Centre for Advanced Studies
on African Society (CASAS

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