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4 June 2025

16 Pages

The Customary Law and the Traditional Leadership Power in Angola—Their Effects on Territorial Planning Issues

,
,
and
1
Department of Architecture and Urban Planning, Universidade Lusófona, 1749-024 Lisbon, Portugal
2
CIAUD, Interdisciplinary Research Center for Architecture, Urbanism and Design, 1349-063 Lisbon, Portugal
3
Faculty of Law, Catholic University of Angola, Luanda P.O. Box 2064, Angola
*
Author to whom correspondence should be addressed.

Abstract

Angola’s cultural mosaic and ethnolinguistic diversity reflect the multilocational traditional customs and power, which are key to the country’s social organisation. A Soba, a traditional leader whose status is recognised by the Angolan Constitution, exerts political influence, shapes the collective life, and helps to preserve cultural identity. Customary law, entrenched after independence, became central to the political and administrative restructuring of the country, which had an impact on decentralisation efforts and legal pluralism. This study analyses the traditional leadership of Sobas in Angola in the context of placemaking and territorial co-management. Backed by the theory of Afrocentricity, a multidisciplinary approach is adopted towards setting Africans as the subjects of their own history. It is based on a literature review and critical analysis of the interaction between administrative law and customary law, which imply a hybrid model for territorial governance. The results indicate that the influence of Sobas on decision-making directly affects the use of the territory and cultural development, highlighting the importance of institutionalising traditional power. This paper suggests that recognising and strengthening such hybrid models is key to promoting territorial cohesion and fostering community engagement, whilst integrating traditional practices can result in more inclusive and effective public policies.

2. Materials and Methods

The methodology of this research adopts a multidisciplinary approach, combining areas of knowledge such as law, sociology, anthropology, and political and planning sciences to provide a better understanding of the dynamics between traditional power and political and administrative structures in Angola. Afrocentricity [8] will be the main theoretical foundation as it enables us to reflect the traditional African culture and practices, considering Africans as active subjects in their history and development. The research is based on a comprehensive literature review, focused on the operationalisation of traditional power, customary law, and decentralisation in Angola for planning issues, and includes the review of legal documents and scientific papers and reports on governance and community rights. To note is that very little scientific literature has been published in English, and very few even in Portuguese are directly related to the research topics.
The analysis is centred on interactions between public administrative law and customary law and aims to explore how the amalgamation of both impacts the political–administrative reshaping of the country, particularly with regard to decentralisation, legal pluralism, and territorial co-management. We focus on the question about the Sobas’ role in the design of public policies, land use practices, and cultural preservation. This research shows how a hybrid model that considers both modern state power and traditional leaderships can contribute to territorial cohesion and boost community participation.

3. Results

Modernity imposes significant challenges on traditional power sharing in Angola, especially with regard to the participation of traditional leaders in local governance. The typical conflict between the two different approaches of land management—the formal and the traditional—is additionally exacerbated by widespread population movements during the long periods of civil war. With this the traditional role of Sobas has been undermined due to social and economic pressures and political changes, and also due to social instability caused by migration movements, including by the Sobas themselves who lose their acting land [29].
The role of Sobas has historically been important in the country’s social organisation as they have authority over the collective life [16,23,27]. In 2023, it was estimated that there are around 40,000 Sobas in Angola [30], but their exact number is unknown. However, the political interference on the choice of traditional leaders has greatly weakened their legitimacy, often turning them into mere symbolic figures with no direct effect on crafting public policies and with no instruments for consolidating their political power. Although the traditional leaders have been complaining over time about their maladjustment to the dynamics imposed by modernity, they still have an enormous influence on matters related to conflict mediation, community justice, preservation of customs and cultural values, and land management. This sphere of influence is provided by law (Law No. 15/17) [3], which recognises their role as assistants to the local government who are able to act as a bridgebuilder between the State and communities.

3.1. Custom and Traditional Authority and the Relationship to Regulatory Law

In particular in rural communities, Sobas are recognised for their ability to influence community decisions. According to Pacheco [19], traditional leaders are often autocratic, invested with mystical and symbolic power, and able to make discretionary decisions on various issues, including matters of life and death. This shows that communities had strong trust in such a traditional leadership system, as similarly reported by Mvenene [31]. In addition, traditional leaders also act as representatives of the State in areas where public administration is absent, acting as a link between the traditional and cultural values (customs) of the communities. Custom assumes a normative and obligatory importance, especially in rural areas where Sobas and elders play a fundamental role in the transmission of cultural and behavioural practices [32].
Customary law being based on practices, customs, and uncodified norms often transmitted orally between generations emerges from the collective experience and authority of traditional figures, such as Sobas, playing a central role in social regulation in several Angolan communities. In contexts where little to no presence of the State or the government is perceived as illegitimate, customary law proves to be an acceptable legal source, guiding territorial management, conflict mediation, and preserving community order. However, the traditional leaderships face significant challenges in terms of recognition in society and participation in decision-making processes, especially with regard to territorial and urban land use questions. According to the Constitution [1,2] and relevant legislation, such as Art. 6 of Law No. 3/04, the State is responsible for urban planning, thus the Sobas should assume a consultative role. Yet, the low education level of many traditional leaders has been pointed out as a significant barrier to their engagement in decision-making processes. They are often replaced by external participants, who often lack a deep knowledge of local dynamics [18]. Despite this, the State recognises customary law as a way to preserve indigenous (territorial) knowledge, thus it seeks to establish mechanisms to integrate formal political power and traditional power. This is fundamental to protect ancestral practices and knowledge. The Ministry of Justice and Human Rights [32] defines customary law as a set of rules spontaneously created by communities that should be recognised by the State. Such legitimation of power allows, for example, traditional leaders to take part in actions concerning the ownership of land, as specified in Article 18 of Decree 58/07 [33].
The relationship between the central government, local authorities, and traditional leaders is a clear example of legal pluralism, where different legal systems, local norms, and rules coexist, valuing cultural and local diversities. Legal pluralism, as a fundamental principle, allows the rights and values of different communities to be respected and integrated into political and administrative decisions. Although the Constitution [2] and the Organic Law of Local Power [3] recognise traditional authorities, the central government still significantly controls the autonomy of these entities, preventing their greater freedom of action and thus in participating in territorial decisions. Therefore, the institutionalisation of traditional power in Angola, despite being ensured by law, faces substantial challenges related to an effective participation in urban planning processes. Without a doubt, the integration of customary law and the promotion of legal pluralism opens up space for a greater integration of traditional practices in land management, thus preserving the territorial identity and communities’ ancestral knowledge.

3.2. Challenges and Opportunities for Integrating Traditional Power into Urban Planning in Angola

Sobas play a crucial role in their communities, mediating conflicts, managing the territory, and helping in tapping local knowledge [15,34]. In practice, however, Sobas are often relegated to a secondary role [19] with limited power in crafting public policy and influencing territorial planning. Recent studies [27,34] point to a gradual diminishing of their status and rights, mainly by political power and market agents, which reinforces their marginalisation in the decision-making process. The ban of Sobas from local governance, and thus from planning issues and processes, also reflects a conflict between traditional and modern power sharing. This is often associated with the adoption and adaption of European administrative models since the colonial period and the ensuing weakness of traditional structures after Angola’s independence [27].
The Angolan society is directly shaped by colonial processes, and any study of the current context must encompass an historic review. A quick glance at Angola’s history identifies the following five distinctive phases [35,36,37,38]:
  • Pre-colonial period (before 1482) with an ancestral organisation of communities before the arrival of the Portuguese conquerors [39,40]. Sobas played a central role in governing, acting as political and religious leaders and territory managers. A Soba was a respected and recognised leader whose legitimacy was derived directly from the community and its matrilineal kinship structures [41].
  • Colonial period (until 1975), when alien rules and administrative structures were imposed. Due to the enforced division of Angola based on ethnolinguistic groups, the Sobas lost power [40,41,42], although Portugal granted the traditional leaderships. These were though subjugated by the colonial authorities, who significantly restricted their autonomy. A Soba’s official recognition was conditional on their subordination to the interests of the Portuguese administration. The territorial administration based on colonial criteria disrupted local socio-political organisations, fragmenting legitimate jurisdictions and weakening the legitimacy of Sobas within their communities [43]. The consolidation of the colonial government system at the end of the 19th century established citizenship premised on race and a legal order marked by ambivalent dichotomies. This colonial legacy persists until today in the form of legal pluralism, expressed in hybrid regulatory arrangements amalgamating the traditional and the modern governance systems.
  • Liberation struggle and independence (1961–1975), with several conflicts between different independence movements, struggles for power, and territorial disputes. This culminated with the independence of Angola in 1975 [44,45]. Inherited from the colonial period, the social differentiation was characterised by power mechanisms, which resulted in the formation of two distinct societies, one central and the other in peripheral regions [44]. This resulted in the Sobas assuming an ambivalent role. They were the target of distrust by nationalist movements due to their relationships to the colonial regime, while in rural areas remained as figures of authority and cultural identity. Despite the difficulties in asserting political legitimacy in the context of war and territorial fragmentation, Sobas continued to exercise local influence, especially in social mediation and in preserving community cohesion.
  • Civil war and political transition (1975–2002). The collapse of the State due to the war, during which it was unable to perform basic functions, was followed by post-war instability with a single party ruling the country. This had an impact on the democratisation efforts and territorial organisation [40,46]. Colonial legacies still persisted, exacerbating the social divide and limiting the voices of local power. In a context marked by instability, Sobas took on roles of community mediation and preserving local order. However, their actions were sometimes exploited by political parties for social control and popular mobilisation.
  • Post-war period (since 2002) and the restoration of peace and territorial integrity. This period poses contemporary challenges for governance and the role of traditional leaderships [19,44]. Sobas are assuming a more relevant role in local government; however, the inconsistencies remain still open regarding their role and competences [29].
This historical context describes an uninterrupted track guided by a classicist principle, which hinders the integration of endogenous culture and restricts an active participation of certain social groups in decision-making processes. The process of forming the Angolan State highlights how modernity, being motivated by economic interests and centralised state administration, is undermining local practices and customs and threatening the traditional leadership structures, compromising the diversity in political power sharing that coexisted for centuries.
Nowadays, although traditional authorities enjoy some autonomy in their communities, modernity continues to generate conflicts, especially when indigenous knowledge is confronted with scientific knowledge. In the light of the weak situation for Sobas, it calls for reviewing the current planning framework and updating it in the light of new approaches that ensure a more equitable and sustainable community engagement. Four planning contexts—territorial identity, placemaking, Afrocentricity, and gender equity—serve as a foundation to our arguments. These approaches are also considered regarding their relevance on the political–economic dimensions and the issues of social justice, as well as in creating place and territorial attachment and mobilising community participation.
Territorial identity, understood here as the relationships between communities and the spaces they live and act [32], boosts the sense of belonging and loyalty to a community and its territory. Building territorial identity is central for increasing citizens’ engagement with local governance.
Placemaking, as an approach focused on creating culturally significant urban spaces, reinforces the need to integrate traditional practices in the design and management of territories. In this context, community participation becomes a key element in ensuring that (urban) planning efforts incorporate the cultural and historical specificities of local communities.
Afrocentricity offers an essential perspective for understanding and strengthening the participation of traditional leaders, recognising indigenous governance structures as legitimate and functional within the African context. This approach emphasises the need to empower traditional leaderships, ensuring that they can interact effectively with modern governance structures without losing their roots in the communities. Modernising traditional structures through training and the use of technology makes it easier for them to adapt to the urban context. In addition, strengthening the dialogue between traditional power, government institutions, and civil society helps to mediate conflicts and build a more inclusive and participatory model.

4. Discussion

The analysis of the influence and power of traditional leaders in urban planning in Angola requires an approach that integrates the historical background of land use from the colonial period to the country’s independence and later development. The link between customary law and urban configuration is a key to understanding the influence of traditional leaderships on the territorial organisation. Once Sobas play a relevant role in land use issues, and in order to mitigate the social and spatial inequalities, it is our recommendation that Sobas’ role and status should be institutionally strengthened through training in public management. This would result in a formal role in local governance, which would provide a sense of continuity and cultural identity.
The urbanisation in Angola, and in Africa in general, is shaped by two dynamics, the institutional and the traditional. These seeming contradictions are complementary. Although often relegated to a marginal role in formal urban planning, Sobas maintain significant influence over land use practices and this makes them key actors in the processes of informal urbanisation and in shaping of urban spaces [5,29,47]. In the city of Huambo, Sobas play a central role in territorial management, extending their traditional function of land allocation, previously restricted to rural areas, to peri-urban areas [29]. To that extension, decentralisation and co-management, involving the active participation of Sobas in policy design and implementation, can contribute to a hybrid model of governance that combines tradition with modernity [27]. Such a model would enable the integration of traditional power structures while overcoming obstacles to the participation of traditional leaderships in urban planning.
While the literature [1,16,19] often treats the inclusion of traditional leaders in a generic or merely symbolic way, the proposed approach is built on a logical and operational sequence which respects the interdependencies between legal recognition, institutional capacity building, multilateral dialogue, and social inclusion. It is backed by integrating customary knowledge, promoting the modernisation of traditional structures, and valuing cultural identities as strategic elements for more inclusive, participatory, and socially legitimised urban governance.
Building such a hybrid governance model, the key features of which are depicted in Table 1, which amalgamates tradition and modernity requires the formalisation of existing traditional powers. This will ensure continuity, enabling traditional leaders to have an active participation in urban planning efforts. In order to consolidate their role and status, the aim is to recast the existing legal framework to strengthen the role of traditional leaders in their communities. Such recasting has to provide also a clear statement of their competences and responsibilities in the urban planning context. Taking real initiatives aimed at balancing the share of state power emerged also as key strategies for decentralisation and co-management of the territory.
Table 1. Proposed hybrid governance model. A balance between tradition and modernity, and power sharing between central power and local government.
An effective integration of traditional leaders into urban planning processes requires a phased approach supported by different criteria, such as legal coherence, institutional capacity, and socio-cultural legitimacy. The initial milestone should be based on the legal recognition and formal institutionalisation of these leaders through a review of the legal framework that would establish, unequivocally, their roles and limits of action in the areas of spatial planning and land management. Table 2 shows the organisational challenges for an integration of the traditional power in planning tasks.
Table 2. Challenges for integrating traditional power in planning tasks.
Another planning challenge in Angola results from the colonial cultural and economic domination, which caused deep transformations in the organisation and development of territories. This means that in Angola the search for an alternative model for territorial development is still an issue. Such a model has also to cope with the dual influence of native and foreign cultures. The “imported” models involve other stakeholders, such as corporations and private agents, directly shaping and impacting territorial development. As they do not value both traditional leaderships and local knowledge, they have failed to serve either as a major policy to guide spatial planning (i.e., urban planning), or as an actionable strategy to steer a sustainable social, environmental, and economic transformation of territory. An endeavour to base territorial development on African standards must necessarily consider the strong influence of colonial heritage, with its wide range of features such as political, religious, and economic enculturation and acculturation [16,33,48,49]. These features are closely linked to current management tools used in most African countries as they expose old processes of exclusion, especially in urban areas [50]. In such a context of duality, Afrocentricity emerges as a critique of Eurocentrism as it proposes valuing more African ideas and endogenous knowledge. According to Asante [8], it seeks to challenge cultural and economic supremacy. Tackling such duality calls for analysing methodologies for a decolonisation and (re)Africanisation, such as one that considers material and immaterial aspects in planning tasks.
The Angolan customary land tenure, all land being originally property of the State, ensures equal access and use of land for the communities. However, the possibility of expropriation of land for public interest establishes a significant limitation to the engagement of traditional leaders in territorial management as they are not able to protect the interests and rights of their communities. In practice, the disposal of land assets does not always respect the criteria of public interest and is often geared towards private purposes, thereby creating tensions between the State and communities. The selling of land for private projects without adequate compensation and without the involvement of local communities is understood to be a sign of the marginalisation of traditional leaders and vulnerable groups, hindering inclusive and sustainable territorial development. Diminishing the status and role of Sobas demonstrates how power circulates and is distributed unequally through public policy.
The advent of New Public Management [51,52] and the establishment of the Angolan Forum of Traditional Authorities [30] in 2017, propelled by the information society, have brought about significant changes in public governance towards promoting efficiency and accountability. Nevertheless, such approaches, by emphasising technocratic and capitalist models, have often neglected endogenous knowledge and traditional territorial management practices. In this context, placemaking is emerging as an alternative to ensure greater citizen participation in territorial management. However, in Angola, due to economic interests, its use is still incipient, limiting in fact the development of integrated and co-management strategies for the territory.
Despite these difficulties, there is a growing awareness among local communities of their rights and the importance of participatory democracy. In particular, the provinces with higher literacy rates, i.e., Luanda, show greater civic engagement, highlighting a strong relationship between education and citizen participation in territorial management [9,21,22,23,28,32,49]. Such signs of progress can push for policy changes, and can advance transformative, community-driven policymaking.
Against this background, further research is required to mobilise more stakeholders in the discussion about the role of traditional leadership in planning tasks, as well as for defining policies and measures with regard to the engagement of communities and a more efficient use of territorial resources. Such initiatives could contribute to advancing a body of knowledge that helps decision-makers and academics to design more inclusive policies and promote territorial education that values both technical and traditional knowledge.

5. Conclusions

The reflections discussed throughout this paper evidence the importance of traditional leaders in solving social problems and in community management. Such a role has an impact on territorial management and thereby on planning tasks. Traditional leaders can thus be among the key stakeholders, whereas their contribution, among others, can be providing a sense of continuity and supporting cultural identity. This can boost the quality of planning and enhance confidence in participatory processes. In spite of this, the influence of Sobas has been reduced over time by an asymmetrical relationship with political power, often masked under the rhetoric of partnership which in practice has neutralised their power, showing a sidelined position. This is aggravated by party political issues that negatively affect their image and their role in local decision-making processes.
Collaborative planning approaches emerged as a viable solution for reversing this scenario as they open different opportunities for local communities, including traditional leaderships, to engage in project design and implementation processes. Such approaches value cultural assets and enable their integration in territorial development, ensuring the continuity of local practices and customs and that decisions taken reflect the needs of concerned communities. This leads to improved democracy, greater legitimacy, and more equitable, sustainable public decisions. Linking modernity and tradition through collaborative planning contributes to a more balanced urban and territorial development. Collaborative planning with the engagement of Sobas contributes to a new governance model that respects both customary law and positive law and fosters a new tactic for urban planning which moves away from conventional technical management by experts to a more pragmatic and open planning effort. Incorporating traditional leadership and local knowledge in decision-making processes help to make the decision-making and policy implementation better informed and more able to meet community needs, thus guiding an awaited societal change.
The novelty of this approach is in its understanding of the role of Sobas in spatial issues, as in research their role is mainly analysed from a legal [1,16,19] or sociological [4,6,7] view. Establishing a hybrid model for territorial governance in Angola requires the deliberate integration of traditional leaders in both informal and formal territorial processes—this would result in a process that is cultural rooted. Systematically integrating cultural values, local practices, and traditional knowledge into land use planning and management instruments would ensure their social relevance and sustainability.
To better understand the Angolan context, new and deeper studies are needed to provide a holistic view of the interaction between the several institutions involved in territorial development and the local power configuration. Moreover, boosting the cooperation between traditional leaders, non-governmental organisations, and government bodies could be an important step in promoting more integrated and effective territorial management. The inclusion of Sobas in participatory governance structures seems to be promising, although it depends on political will, institutional innovation, and effective community participation. Valuing traditional knowledge combined with democratic mechanisms for citizen participation will contribute to a more balanced governance model in line with the country’s socio-cultural requirements.

Author Contributions

Conceptualization, C.S.C. and N.A.; methodology, C.S.C. and N.A.; formal analysis, N.A., R.D., and J.F.; investigation, N.A., R.D., and J.F.; writing—original draft preparation, N.A., R.D., and J.F.; writing—review and editing, C.S.C.; supervision, C.S.C.; project administration, C.S.C.; funding acquisition, C.S.C. All authors have read and agreed to the published version of the manuscript.

Funding

This research was funded by the Horizon Europe Framework Programmes for Research and Innovation under grant agreement No. 101058509 (ECS project).

Data Availability Statement

The original contributions presented in this study are included in the article. Further inquiries can be directed to the corresponding author(s).

Acknowledgments

This research is based on the project ECS | European Citizen Science funded by the Horizon Europe Framework Programme for Research and Innovation (contract no. 101058509), and on the preparatory work for the PhD theses of the authors on related topics to be defended at the Universidade Lusófona, Department of Architecture and Urban Planning, Lisbon (Portugal).

Conflicts of Interest

The authors declare no conflicts of interest.

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