By Magistrate Divine Metiege
INTRODUCTION
Traditional chiefs
play an important role in rural communities in Cameroon. They are leaders or
heads of groups especially of a clan or a tribe. Together with local
dignitaries, chiefs are involved in decision making on many aspects in the day
to day affairs of villages, including such affairs like land disputes, marital
and family problems. Chiefs who are appointed by the government have the same
legal status in all regions; however, the extent of their authority varies enormously
among different regions and ethnic groups. Traditional chiefs are cultural
authorities and auxiliaries of the administration. In the remote areas where
the Central government does not have a strong presence, the traditional chiefs
take control over such areas and send reports to the Central government.
Chieftaincies refer
to formerly autonomous entities of varying sizes and importance, which support
the ways of pre-colonial micro–states and which play a crucial role in cultural
and political life. Chieftaincies are ruled by Traditional Chiefs and the name
associated to them varies from village to village or region to region: The
people of the grassfield region refer to chiefs as Fon and Mbe; Bafaws
as Nfon;
The Bakossis as Nhon and Khen; in the South, center and some areas in the
eastern region of Cameroon the refer to their chiefs as Nkunkuma;
Lamido
for the chiefs of the Far North, North and the Adamawa regions; Sultan
is appelation of chiefs in the West region etc.
ChiefS have both
political and special duties to lead their communities. Hierarchically, Traditional
Chiefs are directly below the State representatives in their Electoral
Districts and their means of appointment, responsibilities, financial status
and disciplinary approach makes them agents of the state.
The administration’s
authority to appoint chiefs is preceded by a preliminary process that enables
the local community to participate in the naming of the person they want as
their chief. That naming process involves a number of steps designed to ensure
the candidate’s bond to his community. Furthermore, in the appointment process
of a traditional chief, the Cameroon Chieftaincy Law enacted on July 15, 1977
served with Decree No 77/245, which organizes chiefdoms states that, “in
principles, traditional chiefs are chosen from families that are customarily
called upon to carryout traditional leadership role”. The decree defines family
as a group of people sharing the same bloodline and lineage, from the same
father, mother or just the same father. This notwithstanding, the king-makers
can set aside these rules and select a candidate they believe can serve the
people better. And such a candidate must come from a chieftaincy lineage.
The candidate for the
traditional chieftaincy must have a minimum intellectual capacity and must
also, if at all possible, be able to read and write. He is also required to
provide a certificate from a public doctor, attesting to his good health. The
appropriate administrative authority selects the new chief from the candidates
who meet those criteria. The process of appointing a traditional chief is set
out in section 10 and 11 of the 1977 decree and is described as follows:
The appropriate
administrative authority undertakes the necessary consultations to appoint a
new chief. The authority must consult the appropriate customary public figures.
Those consultations take place during meetings called by either the Senior
Divisional Officer (S.D.O) or the Sub Divisional Officer (D.O). In the
consultations, the various candidates are reviewed and the new chief is chosen.
The administrative authority incharge draws up the minutes and sends them along
with a complete file of the candidate to the central authorities. The file
contains a police clearance (Non Conviction), a copy of the candidate’s birth
certificate, a medical certificate and as required, a copy of the certificate
confirming the vacancy at the head of the chieftaincy (death certificate,
medical report on disability, or disqualification, letter of resignation or
decision to dismiss the predecessor. The appropriate administrative authority
has only to ratify the selection. Although public figures are consulted, their
views are not necessarily taken into account. The administrative authority may
supersede the local decision and selects a candidate whom he believes could serve
the interest of the administration. In principle, traditional chiefs are often
chosen from families that are customarily called upon to carry traditional
leadership role." And, the 1977 decree thus defines a family as a group of
people sharing the same bloodline and lineage, that is, from the same father
and mother, or just from the same father. This notwithstanding, the
King makers can set aside these rules and select someone they believe can be an
effective ruler. However, such an individual must also come from a chieftaincy
lineage. Their selection decision may sometimes extend to families who were
original founders of the village. For instance, in a situation where a village
was founded by five different families, the King makers may concede to rotate
the chieftaincy amongst the lineages of those five families in the situation
where there is a chieftaincy vacancy. This type of system is commonly referred
to as a rotatory hereditary chieftaincy. With the hereditary type of
chieftaincy, a father could be bypassed for his son and made the chief if the
King makers believe he would a better chief make. A well known example could be
found in the village of Nchang in Manyu division, where Chief Tanyi Mbianyor
was made the chief rather than his father.
For easy
understanding of this book, we have divided it into five sections: The general
provisions; appointment of chiefs; responsibilities and benefits; guarantees
and discipline; and, finally, conclusion.
GENERAL PROVISIONS
The Cameroon
Chieftaincy Law contained in decree No 77/245 of July 15, 1977 organizes
traditional communities into chiefdoms. And according to the decree,
traditional chiefdoms are organized on a territorial basis and they comprise of
the following:
- First class
chiefdom.
- Second class chiefdom.
- Third class
chiefdom.
A First class
chiefdom is that chiefdom whose area of jurisdiction covers at least two Second
class chiefdoms and the territorial boundaries in principle do not exceed those
of a division. While a Second class chiefdom is that chiefdom whose area of
jurisdiction covers that of at least two third class chiefdoms. The boundaries
therefore shall, in principle, not exceed those of a Sub-division. Meanwhile, a
Third class chiefdom corresponds to a village or quarter in the rural areas and
to a quarter in urban areas.
The competent
authority has the mandate to classify a chiefdom in the first or second class
by special reasons of its population and economic importance. Chiefdoms usually
have the names given to them by tradition but the law empowers the competent
authority, if need be, to confer upon it a new name. It is important to note
also that chiefdoms are placed under the authority of a chief, who are assisted
by elders in council set up in accordance with local tradition. The chief is
mandated to appoint among the elders in council an elder, who shall represent
him in his absence or when he is unable to carry out his duties as a chief. The
Chief also has the arbitrary authority to terminate the duties of this
appointee as he pleases.
First class chiefdoms
are set up by the Order of the Prime Minister whereas the Second class
chiefdoms by the Ministry of Territorial Administration and Decentralization.
However that of the Third class chiefdom is done by Senior Divisional Officer
APPOINTMENT OF CHIEFS
As mentioned in the
introduction of this expose, chiefs are in principle chosen from families
called upon to exercise traditional customary authority. The candidate to mount
the throne must meet the physical and moral conditions required and must as far
as possible know how to read and write.
The throne of a chief
becomes vacant upon the death, deposition (that is being removed from power)
due to permanent physical or mental disability of its occupant duly recorded by
a medical officer appointed for that purpose.When the throne is vacant, the
competent administrative authority shall without delay proceed to make the
necessary consultations with a view to appointing a new chief. The competent
elders shall obligatorily be consulted before a chief is appointed. This
notwithstanding, a chief may abdicate if he so desires. His abdication shall be
accepted by the authority vested with the power of appointment.
The consultation is
made during a public meeting presided over by the Senior Divisional Officer in
the case of first and second class chiefdoms and by the Sub- Divisional Officer
in the case of a third class chiefdom. The final report of the selection
process is signed by the chairman who presided over the meeting who then
forwards it the Senior Divisional Officer. The Senior Divisional Officer after
reviewing and approving the submitted documents forward the result of the
selected candidate to the competent authorities in the Central government with
the following items:
(a) Certificate of
Non Conviction
(b) A copy of the
birth certificate of the person concerned or a birth declaratory judgment in
lieu thereof.
(c) A medical
certificate determining the physical fitness of the selected candidate
(d) A certified
letter containing one of the following applicable document (death certificate,
letter of abdication or deposition, medical report) showing that the throne of
chiefdom is vacant.
In the situation of a
Third class chiefdom the Sub Divisional Officer forwards the above mentioned
documents to the Senior Divisional Officer. First class chiefs are appointed by
the Prime Minister, Second class chiefs by the Minister of Territorial
Administration and Decentralization and the Third class chiefs by the S.D.O. It
is important to note that objections or opposing views of the appointment of a
chieftaincy candidate are brought before the authority mandated to oversee the
Selection and Appointment process. His or her decision on this matter shall be
final. However, he may reverse his decision if it is proven that he or she was
misled.
One very important
aspect of the Chieftaincy Law that indigenes often hold as grounds to select or
remove a chief is the residency claim. The fact that modern day chiefs want to
reside away from their chiefdoms often conflict with the village and
administrative objectives. Chiefs are supposed to reside in the area under
their rule and their duties are incompatible with any other public duty. There
are no other provisions in the constitution that mandates them to live out of
their chiefdoms.
RESPONSIBILITIES AND BENEFITS OF A CHIEF
A chief is under the
authority of the Minister of Territorial Administration and Decentralization
and their role is to assist the administration in guiding the people. They are
auxiliaries of the administration. As auxiliaries of the administration, they
are called upon to perform the following acts:
DUTIES AND RESPONSIBILITIES
1) Transmitting the
directives of the administrative authorities to their people and ensuring that
such directives are implemented.
2) Helping as
directed by the competent administrative authorities in the maintenance of law
and order and also ensures the economic, social and cultural development of the
areas under them.
3) Help the taxation
officials in collecting taxes and fees for the state and local authorities like
councils under conditions laid down by the regulations.
4) In addition to the
aforementioned duties, the chiefs must carry out any other mission that may be
assigned to them by the local administrative authority.
5) In accordance with
the native laws and customs the chiefs may, where the divisional or
sub-divisional administrations do not operate, be mandated to settle disputes
or arbitrate in matters arising between their subjects with the exclusion of
criminal matters.
BENEFITS
Since the existence
of chiefs is promulgated by a decree from the Presidency, and since they
perform some duties where the administration is unable to perform, they are
therefore entitled to some financial enumerations.
1) The first and
second class chiefs receive a monthly fixed stipend, which is calculated on the
basis of the size of their population.
2) They also receive
an allowance for performing special responsibilities assigned to them by
administrative authorities. The fixed stipends and the special duties allowance
are ministerial mandates (by both the Minister of Territorial Administration
and Decentralization and the Minister of Finance). The fixed allowance is
taxable and it is not lower than the wage of a worker of the first incremental
position of “Category One” of the public sector in the zone where the chiefdom
is located.
3) A chief may be
entitled to a rebate on the poll tax collected in accordance with the conditions
laid down by the General Tax Code. However, Poll tax has been revoked making
the law obsolete as well.
4) Chiefs are also
entitled to efficiency bonuses granted by order of the Minister of Territorial
Administration and Decentralization on the suggestion of the administrative
authorities on the basis of their dynamism and efficiency in the nation’s
economic and social development drive. The rate of such a bonus is fixed under
the same conditions as the rate of fixed allowance and the allowance of special
responsibilities. Some chiefs are exempted from receiving these allowances
(these are chiefs that are parliamentarians, civil servants or employees in a
public office).
Chiefs that are
authorized to hold cumulative functions must, prior to their appointment by the
competent authority, opt either to retain their salaries or wages or receive
the emolument due chiefs.
5) A chief who
suffers from a permanent disability attributed to his duties may benefit from a
periodical payment, if such incapacity leads to his removal from duty and also
allowance in other cases. The amount of the allowance is determined by joint
order of the Minister of Territorial Administration and Decentralization and
the Minister of Finance.
6) Chiefs are
mandated to wear a distinctive badge and dressed in a special attire. The
design of the attire is determined by order of the Minister of Territorial
Administration and Decentralization. However, the acquisition of such attire is
the responsibility of the chiefs.
GUARANTEES AND DISCIPLINE
Chiefs have
protection from the state against threats, contempt, assaults, interference,
abuse or defamation to which they may be exposed by reason or on the occasion
of the performance of their duties. On this premise the state accords
compensation to a chief if he is injured. If the preceding injurious casualty
is suffered by the chief, the state automatically enters into the rights of the
victim to obtain restitution from the offender(s) of the amount paid to the
chief as compensation thus far, independent of any criminal sanctions that may
follow.
Chiefs are evaluated
each year by a competent administrative authority on the basis of their
efficiency and output, and also in their ability to ensure economic and social
development in their jurisdiction. Bear in mind that when a competent
administrative authority realizes any shortcomings from a chief, in the
performance of their duties (for instance, in situation of inefficiency,
inertia or extortion of citizens), the following sanctions shall be meted against
the chief:
a) A call to order
b) Warning
c) Ordinary reprimand
d) Reprimand with
suspension of allowances for not more than three months; and,
e) Deposition.
These sanctions are
inflicted after the chief in question has been called upon to provide some
explanations of such lapse in his behavior. A call to order, warning and
ordinary reprimand is afflicted on the third class chiefs by the Sub Divisional
Officer under whose territorial jurisdiction they fall. The Second class chief
is sanctioned by the Senior Divisional Officer, on his own initiative or on the
Sub- Divisional Officer’s recommendation. First Class Chiefs by the Governor,
who is in-charge of the whole jurisdiction, where the chief carries out his
duties on his own initiative or on the recommendation of the Senior Divisional
Officer.
A reprimand with
suspension of all allowances for a maximum period of three months is afflicted
only by the Minister of Territorial Administration and Decentralization.
Dismissal of third
class chiefs is done by the Minister of Territorial Administration and
Decentralization; however, the First and Second class chiefs by the Prime
Minister.
For the purpose of
effective administration, certain urban areas may be divided into zones,
quarters and wards by order of the Minister of Territorial Administration and
Decentralization following the report of the local administrative authorities.
Zones, quarters and wards have a hierarchical structure under the authority of
officials known as Zonal heads, Quarter heads and Ward heads. These officials
perform their duties in addition to any other wage – earning activity on
condition that they effectively reside in the area under their jurisdiction.
Zones and quarters
can be equated as Second class and Third class chiefdoms when taking into
consideration their sizes, functioning, and administrative importance. Zonal
and Quarter heads may be entitled to an output bonus under the same conditions
as the chiefs. They are not entitled to fixed allowances or to allowances for
special responsibilities.
CONCLUSION
The greatest dream in
the hearts of all chiefs and elites normally, should be, to transform their
villages and jurisdictions into modern day society. And a chief’s greatest
desire is the ability to achieve this dream of transforming his village. Chiefs
have the power, ability and capacity to control circumstances and destiny in as
much as he stays within the confines of the law set by the Ministry of
Territorial Administration and supervised by the Senior Divisional Officer or
the Divisional Officer of their jurisdictions.
Chiefs should have
the ability and the mindset to provide a master plan( master plans are guide to
the development strategies of a community) for their respective villages and
ensure the strict application of items in the master plan. They should also
have human development instincts in them, to help enhance human understanding,
consciousness and awareness to life’s challenges and responsibilities. They
should equally be involved in the promotion of capacity building in order to
enhance the full potentials of the indigenes. And one of the ways to achieve
this initiative is by forming a solidarity union between the chief’s council
and the community leadership, which will serve as a source of their power
structure, to effectively dispatch their duties in their various locales.
Likewise, such a structure will empower them to operate as coordinators and
directors of efforts towards any village initiative or project. In addition to
this, it helps bring the indigenes who shall become agents of development,
thereby enhancing the growth of the chief’s village as the indigenes who have
been given artificial powers would do everything to use it hopefully, to the
advantage of the chief’s community. In a nutshell, chiefs must serve as agents
of development. An enlightened or a forward-thinking chief is a huge advantage
to his village because, as a leader of a village everyone depends on you to
propel the indigenes to do extra-ordinary things to enhance the village. The
process of village evolution must be equal to the human development, which the
chiefs must apply with perfection.
As we mentioned
earlier, village development is not only the responsibility of the chiefs; it
should be the concern for every indigene. Because, corporation by all in
village development does not only bring unity; the village becomes the envy of
other villages.
REFERENCES
~DECREE No 77/245 Of JULY 15, 1977.
~AFRICA DEVELOPMENT. 2000 VOL.XXV No 3 &
4 CHARLES NACH MBACK “La chefferie traditionnel au Cameroun”
~DYNAMICS OF NATION BUILDING BY BERNARD ETTA
***Divine Metiege is an Examining and Presiding Magistrate at the
Mbengwi court of First Instance in Momo division in the North west region of the
Republic of Cameroon. He dedicates this work to his late father, Chief Metiege
Jonas Metuge of Ngusi village, who joined his ancestors on February 6, 1982 and
to his late brother, Major Metiege Ebong Samuel, who met his untimely death
while carrying out official duties in Bakassi on November 12, 2007, for his
country, the Republic of Cameroon.***
