Traditional Leadership and Governance Framework Act, 2003

19 December 2003 No. 25855 THE PRESIDENCY No. 1838 19 December 2003 It is hereby notified that the President has assented to the following Act, which is hereby published for general information:– No. 41 of 2003: Traditional Leadership and Governance Framework Amendment Act, 2003. AIDS HELPLINE: 0800-123-22 Prevention is the cure 2 ~~ KO. 25855 ~~ ~~ Act No. 41,2003 GAZETTE, GOVERNMENT 19 DECEMBER 2003 TR4DITIONAL LEADERSHIP AND GOVERNANCE FRAMEWORK ACT, 200:' GENERAL EXPLANATORY NOTE: [ ] Words in bold type in square brackets indicate omissions existing enactments. from Words underlined with existing enactments. a solid line indicate insertions in (English text signed by the President.) (Assented to 11 December 2003.) of traditional communities; to provide for the of traditional councils; to provide a statutory To provide for the recognition establishment and recognition framework for leadership positions within the institution of traditional leadership, the recognition of traditional leaders and the removal from office of traditional leaders; to provide for houses of traditional leaders; to provide for the functions and roles establishment of the Commission on Traditional Leadership Disputes and Claims; to provide for a code of conduct; to provide for amendments to the Remuneration of Public Office Bearers Act, 1998; and to provide for matters connected therewith. of traditional leaders; to provide for dispute resolution and the PREAMBLE WHEREAS the State, in accordance with the Constitution, seeks- * to set out a national framework and norms and standards that will define the place and role of traditional leadership within the new system of democratic governance; * to transform the institution in line with constitutional imperatives; and * to restore the integrity and legitimacy of the institution of traditional leadership in line with customary law and practices; AND WHEREAS the South African indigenous people consist of a diversity of cultural CQEXunities; AND WHEREAS the Constitution recognises- * the institution, status and role of traditional leadership according to customary law; and * a traditional authority that observes a system of customary law; AND WHEREAS- * the State must respect, protect and promote the institution of traditional leadership in accordance with the dictates of democracy in South Africa; * the State recognises the need to provide appropriate support and capacity building to the institution of traditional leadership; the institution of traditional leadership must be transformed to be in harmony with the Constitution and the Bill of Rights so that- - democratic governance and the values of an open and democratic society may be promoted; and - gender equality within the institution of traditional leadership may progressively be advanced; and

4 No. 25855 Act No. 41,2003 GOVERNMENT GAZETTE, 19 DECEMBER 2003 TRADITIONAL LEADERSHE' AND GOVERNANCE FRAMEWORK ACT. 2003 * the institution of tradltmnal Ieadership must-- . . - promote freedom, human dignity and the achicvement of equality and non-sexism; - derive its mandate and primary authority from applicable customary law and practices; - strive to enhance tradition and culture; - promote nation building and harmony and peace amongst people; - promote the principles of co-operative governance in its interaction with all spheres of government and organs of state; and - promote an efficient, effective and fair dispute-resolution system, and a fair system of administration of justice, as envisaged in applicable legislation, E IT THEREFORE ENACTED by the Parliament of the Republic of South Africa, B as follows:- ARRANGEMENT OF SECTIONS Sections CSAPTER 1 INTERPRETATION AND APPLICATION 1. Definitions and application CHAPTER 2 TRADITIONAL COMMUNITIES AND TRADITIONAL COUNCILS communities Recognition of traditional Establishment and recognition Functions of traditional councils Partnerships between municipalities Support to 2. 3. 4. 5. 6.

7. Withdrawal of recognition of traditional traditional councils communities of traditional councils and traditional councils CHAPTER 3 LEADERSHIP POSITIONS WITHIN INSTITUTION OF TRADITIONAL LEADERSHIP Part I : Introduction Part 2: Kings and queens Recognition of kings and queens 9.

6. The national government and a provincial government may adopt such legislative o f necessary to support and strengthen the capacity or other measures as may be traditional councils within the province to fulfil their functions. Withdrawal of recognition of traditional communities 7. (1) The withdrawal of the recognition of a community as a traditional community 35 as provided for in section 2, may only be considered where- ( a ) the community concerned requests the Premier of a province that its recognition as a traditional community be withdrawn; ( b ) the provincial government concerned is requested to review the position of a community or communities that was or were divided or merged prior to 1994 40 in terms of applicable legislation; or ( c ) two or more communities so recognised, request the Premier of a province that they be merged into a single traditional community. ( 2 ) ( a ) The withdrawal of the recognition of a community as a traditional community must be done by the Premier of a province in accordance with applicable provincial legislation. 45 ( b ) The provincial legislation referred to in paragraph ( a ) must- (i) provide for the withdrawal of the recognition of a traditional council at the same time that the recognition of its traditional community is withdrawn as provided for in paragraph (a); and 50 (ii) make provision for consultation by the Premier with the provincial house of traditional leaders concerned, any community that may be affected, and, if applicable, the king or queen under whose authority such a community falls, before the withdrawal of the recognition of a traditional community may be way effected by Provincial Gazette. the of a in notice 55 14 No. 25855 Act No. 41,2003 GOVERNMENT GAZETTE. 19 DECEMBER 20G3 TRADITIONAL LEADERSHIP AND GOVERNANCE FRAMEWORK ACT, 2003 ( 3 ) Tiie Preiiiiei. uf ~ pi.o-v;iice iii.usi, iii tziiiij uf sccii,sii 2, coiisi&i- iliZ i.ecugii&oii i,f separate traditional communities or a merged traditional community where a review of the division or merger of communities envisaged by subsection (l)(h) indicates that newly constituted traditional communities must be recognised. CHAPTER 3 5 LEADERSHIP POSITIONS WITHIN INSTITUTION OF TRADITIONAL LEADERSHIP Part I : Introduction Recognition of traditional leadership positions

10. Removal of kings or queens Part 3: Senior traditional leaders, headmen and headwomen

11. Recognition of sepior traditional leaders, headmen or headwomen

12. Removal of senior traditional leaders, headmen or headwomen Part 4: General provisions regarding traditional leaders

13. Recognition of regents

14. Persons acting as traditional leader 10 15 25 30 6 No. 25855 Act No. 41,2003 GOVERNMENT GAZElTE, 19 DECEMBER 2003 TRADITIONAL LEADERSHIP AND GOVERNANCE FRAMEWORK ACT. 2003

15. Deputy trad!t!oEa! !eaders . . CHAPTER 4 HOUSES OF TRADITIONAL LEADERS

18. Referral of traditional leaders in Republic of traditional leaders of Bills to National House of Traditional Leaders CHAPTER 5 ROLES AND FUNCTIONS OF TRADITIONAL LEADERSHIP

20. Guiding principles for allocation of roles and functions of traditional leaders CHAPTER 6 DISPUTE RESOLUTION AND COMMISSION ON TRADITIONAL LEADERSHIP DISPr_rTES AND CLAmlrS

19. A traditional leader performs the functions provided for in terms of customary law and customs of the traditional community concerned, and in applicable legislation. Guiding principles for allocation of roles and functions 20. (1) National government or a provincial government, as the case may be, may, role for traditional councils or through legislative or other measures, provide a traditional leaders in respect of- ( a ) arts and culture; ( b ) land administration; (c) agriculture; (d) health; (e) welfare; (f) the administration of justice; (g) safety and security; (h) the registration of births, deaths and customary marriages; economic (i) ( j ) environment; ( k ) tourism; ( I ) disaster management; (m) the management of natural resources; and (n) the dissemination of information relating to govemment policies and programmes. ( 2 ) Whenever an organ of state within the national government or a provincial government considers allocating a role for traditional councils or traditional leaders in terms of subsection (l), that organ of state must- the (a) seek concurrence of- (i) the Minister if it is an organ of state in the national sphere of government; or (ii) the Member of the Executive Council responsible for traditional affairs in the province concerned if it is an organ of state of that province; (b) consult with- (i) the relevant (ii) the South African Local Government Association; structures of traditional leadership; and (c) ensure that the allocation of a role or function is consistent with the Constitution and applicable legislation; development; 5 10 15 20 25 30 35 (d) take the customary law and customs of the respective traditional communities 40 into acco.unt; (e) strive to ensure that the allocation of a role or function is accompanied by resources and that appropriate measures for accounting for such resources are put in place; (f) ensure, to the extent that it is possible, that the allocation of roles or functions 45 in areas where the institution of traditional is implemented uniformly leadership exists; and (8) promote the ideals of co-operative governance, integrated development planning, sustainable development and service delivery through the allocation 50 of roles and functions. (3) Where an organ of state has allocated a role or function to traditional councils or traditional leaders as envisaged by subsection (l), the organ of state must monitor the implementation of the function and ensure that- performed. being (a) the implementation of the function is consistent with the Constitution; and (6) the function is 55 (4) Where a traditional council does not perform an allocated function as envisaged in subsection ( 3 ) , any resources given to a traditional council to perform that function may be withdrawn. 28 No. 25855 Act No. 41,2003 GOVERNMENT GAZETTE, 19 DECEMBER 2003 TRADITIONAL LEADERSHIP AND GOL'ERNANCE FRAMEWORK ACT. 2003 DISPUTE RESOLUTION AND COMMISSION ON TRADITIONAL LEADERSHIP DISPUTES AND CLAIMS Dispute resolution 21. (1) ( a ) Whenever a dispute concerning customary law or customs arises within a 5 traditional community or between traditional communities or other customary institutions on a matter arising from the implementation of this Act, members of such a community and traditional leaders within the traditional community or customary institution concerned must seek to resolve the dispute internally and in accordance with customs. 10 (b) Where a dispute envisaged in paragraph must be investigated by the Commission in terms of section 25(2), the dispute must be referred to the Commission, and paragraph ( a ) does not apply. ( a ) relates to a case that ( 2 ) ( a ) A dispute referred to in subsection (l)(a) that cannot be resolved as provided for in that subsection must be referred to the relevant provincial house leaders, which house must seek to resolve the dispute in accordance with its internal rules and procedures. of traditional 15 (bj If a provincial house of traditional leaders is unable as provided for in paragraph (a). the dispute must be referred to the Premier of the province having after dispute the resolve must who concerned, to resolve a dispute consulted- (i) the parties to the dispute; and (ii) the provincial house of traditional leaders concerned. Establishment of Commission 22. (1) There is hereby established a commission known as the Commission on Disputes Leadership Traditional and Claims. 20 25 ( 2 ) The Commission must carry out its functions in a manner that is fair, objective and impartial. Appointment of members of Commission 23. ( I ) The President must appoint not more that 15 persons as members of the Commission who are knowledgeable regarding customs and the institution of traditional 30 leadership. ( 2 ) Any vacancy on the Commission must be filled in terms of subsection (1) whenever it arises. (3) The President may remove a member of the Commission on the grounds of- a criminal court without ( a ) conviction by ( h ) physical incapacity; (c) such member having been declared insolvent by a court; and (it; such member having been declzec! to be of ~nsor;nc! mind by a court. an option of a fine; Vacancies

24. A vacancy occurs whenever a member of the Commission- (a) resigns by giving written notice (bj is removed in terms of section 23(3); or ( c ) becomes a member of the National Assembly, a provincial legislature or a municipal council, or becomes a permanent delegate to the National Council of Provinces. to the President; 35 40 45 Functions of Commission 25. ( I ) The Commission operates nationally and has authority to decide on any traditional leadel-ship dispute and claim contemplated in subsection (2) and arising in any province. (2) ( a ) The Commission has authority to investigate, either on request or of its own 30 accord- 30 No. 25855 Act No. 41,2003 GOVERNMENT GAZETTE, 19 DECEMBER 2003 TR4DITIONAL LEADERSHIP AND GOVERNANCE FRAMEWORK ACT, 2003 (i) a case where there is don“,; as -&&er

2 Sngship, senior :;a&i:ior;a! leadership or headmanship was established and customs; in accordance with customary law (ii) a traditional leadership position where the title or right of the incumbent is contested; 5 (iii) claims by communities to be recognised as traditional communities; the legitimacy of the establishment or disestablishment of “tribes”; (iv) (v) disputes resulting from the determination of traditional authority boundaries and the merging or division of “tribes”; and (vi) where good grounds exist, any other matters relevant to the matters listed in this paragraph, including the consideration of events that may have arisen before 1 September 1927. 10 (b) A dispute or claim may be lodged by any person and must be accompanied by information setting out the nature information. of the dispute or claim and any other relevant 15 (c) The Commission may refuse to consider a dispute or claim on the ground that- (i) (ii) the person who lodged the dispute or claim has not provided the Commission with relevant or sufficient information; or the dispute is to be dealt with in terms of section 21(l)(a) in a case where section 21(l)(bj does not apply. 20 (3) ( a ) When considering a dispute or claim, the Commission must consider and apply customary law and the customs of the relevant traditional community as they were when the events occurred that gave rise to the dispute or claim. ( b ) The Commission must- (i) (ii) in respect of a kingship, be guided by the criteria set out in section 9(1)(b) and such other customary norms and criteria relevant to the establishment of a kingship; and in respect of a senior traditional leadership or headmanship, be guided by the customary norms and traditional leadership or headmanship, as the case may be. criteria relevant to the establishment of a senior (c) Where the Commission investigates disputes resulting from the determination of of “tribes”, the traditional authority boundaries and the merging or division Commission must, before taking a decision Municipal Demarcation Board established Municipal Demarcation Act, 1998 (Act No. 27 of 1998). in terms of section 26, consult with the by section 2 of the Local Government: 25 30 3s (4) The Commission has authority to investigate all traditional leadership claims and disputes dating from 1 September 1927, subject to subsection (2)(a)(vi). ( 5 ) The Commission must complete its mandate within a period of five years or within such longer period as the President may determine. (6) Sections 2 , 3 , 4 , 5 and 6 of the Commissions Act, 1947 (Act No. 8 of 1947), apply, 40 with the necessary changes, to the Commission. Decisions of Commission 26. (1) A decision of the Commission is taken with the support of at least two thirds of the members of the Commission. (2) A decision of the Commission must, within two weeks of the decision being taken, 45 be conveyedto- ( a ) the President for immediate implementation in accordance with section 9 or 10 where the position of a king or queen is affected by such a decision; and (b) the relevant provincial government and any other relevant functionary which must immediately implement the decision of the Commission in accordance 50 with applicable provincial legislation in so far as the implementation of the decision does not relate to the recognition or removal of a king or queen in terms of section 9 or 10. (3) Any decision taken by the Commission must be conveyed to the President. 32 No. 25855 Act No. 41,2003 GAZETTE, GOVERNMENT 19 DECEMBER 2003 TRADIT[ONAL LEADERSHIP AND GOVERNANCE FRAMEWORK ACT, 2003 GENERAL PROVISIONS Code of conduct 27. (1) The code of conduct contained in the Schedule applies to every traditional read leader and traditional council and must, in respect together with the relevant provincial code as envisaged by subsection (2)(a). of a particular province, be (2) ( a ) Provincial legislation may prescribe a provincial code of conduct for traditional leaders and traditional councils in the province concerned that complements the code of conduct contained in the Schedule. (b) A provincial code of conduct envisaged in paragraph (a) may- (i) further regulate or define the ambit of a matter mentioned in item 1 or 2 of the Schedule; or (ii) prescribe any other matter that a traditional leader or a traditional council must adhere to. (3) Applicable provincial legislation must at least provide for- 5 10 15 ( a ) mechanisms to deal with any breach of the code of conduct; and (0) fines that may be imposed for a breach of the code of conduct, and in respect of a traditional leader also other penalties that do not include the removal of the traditional leader; and (c) an acting position during the period that a traditional leader is suspended for 20 a breach of the code of conduct, if such a penalty is provided for. Transitional arrangements 28. (1) Any traditional leader who was appointed as such in terms of applicable provincial legislation and was still recognised as a traditional leader immediately before the commencement of this Act, is deemed to have been recognised as such in terms of section 9 or 11, subject to a decision of the Commission in terms of section 26. 25 (2) A person who, immediately before the commencement of this Act, had been an acting appointed and was capacity or as a deputy, is deemed to have been recognised or appointed as such in terms of section 13, 14 or 15, as the case may be. still recognised as a regent, or had been appointed in (3) Any “tribe” that, immediately before the commencement of this Act, had been established and was still recognised as such, is deemed to be a traditional community contemplated in section 2, subject t o - ( a ) the withdrawal of its recognition in accordance with the provisions of section 7; or (bj a decision of the Commission in terms of section 26. (4) tribal authority that, immediately before the commencement of this Act, had been established and was still recognised as such, is deemed to be a traditional council in section 4; contemplated in section 3 and must perform the functions referred to Provided that such a tribal authority must comply with section 3(2) within one year of the commencement of this Act. ( 5 ) Any community authority of applicable legislation and still existed as such immediately before the commencement of this Act, continues to exist until it is disestablished which disestablishment must take place within two years of the commencement of this Act, except where the traditional leadership related to that community authority is still under investigation by the Commission in terms of section 25(2). in accordance with provincial legislation, that had been established in terms 30 35 40 45 ( 6 ) ( a ) The member of the Executive Council of a province responsible for traditional affairs must, by notice in the Provincial Gazette, within one year of the commencement of this Act disestablish any regional authority, Ibandla Lamakhosi. Council of Chiefs and ward authority functioning under tribal authorities that have been established in terms of applicable legislation before the commencement of this Act. jb) The notice disestablishing a regional authority Ibandla Lamakhosi, Council of Chiefs or ward authority must regulate the legal, practical and other consequences of the disestablishment. including- 50 55 34 No. 25855 Act No. 41,2003 GOVERNMENT GAZETTE, 19 DECEMBER 2003 TRADITIONAL LEADERSHIP AND GOVERNANCE FRAMEWORK ACT. 2003 (ij (ii) (iii) zaiisfer of assets, iiabilides aiid a&iGii&raijv.e aiid oilier appropriate provincial department, a municipality or leaders. as circumstances may require; the vacation of office of any office bearer of such a regional authority; and the transfer of staff of such a regional authority. local house of traditional io (7) The Commission must, in terms of section 25(2), investigate the position of paramountcies and paramount chiefs which were still in existence and recognised, before the commencement of this Act, in terms of that section. before the Commission commences with any other investigation that had been established and recognised, and Amendment of Act 20 of 1998, as amended by Act 21 of 2000

29. The Remuneration of Public Office Bearers Act, 1998 (Act No. 20 of 1998), is hereby amended by- ( a ) the substitution for the Long Title of the following Long Title: of the National Assembly, “To provide for a framework for determining the salaries and allowances of the President, members permanent delegates to the National Council of Provinces, Deputy President, Ministers, Deputy Ministers, traditional leaders, members of local Houses of Traditional Leaders, members of provincial Houses of Traditional Leaders and members of Traditional Leaders; to provide for a framework for determining the upper limit of Executive Councils, members of provincial legislatures and members of Municipal Councils; to provide for a framework for determining pension and medical aid benefits of office bearers; to provide for the repeal of certain laws; and to provide for maters connected there- with.”; of salaries and allowances of Premiers, members of the National House (b) the substitution in section 1 for- (i) (ii) (iii) of a provincial House the definition of “benefits” of the following definition: ‘‘ ‘benefits’ means in respect of a traditional leader, a member of a local House of Traditional Leaders, a member of Traditional Leaders and a member of the National House of Traditional Leaders those benefits which the President may determine in terms of section 5(3), and in respect of all other office bearers, the contributions contemplated in sections 8(2) and (5) and 9(2) and (5); (xii)”; the definition of “office bearer” of the following definition: “ ‘office bearer’ means a Deputy President, a Minister, a Deputy Minister, a member of the National Assembly, a permanent delegate, a Premier, a member of an Executive Council, a member of a provincial legislature, a traditional leader, a member of a local House of Traditional Leaders, a member member of the National House of Traditional Leaders and a member of a Municipal Council; (ii)”; and the definition of “traditional leader” of the following definition: “ ‘ tmditiona! leader’ meam [any person identified in terms of section 5(5)] a traditional leader as defined in section 1 of the Traditional Leadership and Governance Framework Act, 2003. (ix)”; of Traditional Leaders, a of a provincial House the substitution for section 5 of the following section: Salaries, allowances and benefits of traditional leaders, members of local Houses of Traditional Leaders, members of provincial Houses of Traditional Leaders and members of National House of Traditional Leaders 5. (1) Traditional leaders, members of any local House of Traditional provincial House of Traditional Leaders and of Traditional Leaders shall, despite members of the National House anything to the contrary in any other law contained, be entitled to such salaries and allowances as may from time to time be determined by the President after consultation with the Premier concerned by proclamation in the Gazette, after taking into consideration- ( a ) any recommendations of the Commission; 5 10 15 20 25 30 35 40 45 50 55 5 10 15 20 25 30 35 36 No. 25855 Act No. 41.2003 GOVERNMENT GAZETTE, 19 DECEMBER 2003 TRADITIONAL LEADERSHIP AND GOVERNANCE FRAMEWORK ACT, 2003 and different members and responsibilities of different the role. status, duties. functions categories of traditional leaders, different members of the local Houses of Traditional Leaders, different members of the Houses of Traditional Leaders in the various provinces of the National House of Traditional Leaders; the affordability of different levels of remuneration of public office bearers; the current principles and levels of remuneration in society generally; the need for the promotion of equality and uniformity of salaries and allowances for equal work performed; the enhancement of co-operation, unity and understanding between traditional communities nationally; the extent of the role and functions provincial borders; and inflationary increases. of traditional leaders across (2) Despite ;he provisions of subsection (l), a traditional leader, a member of a local House of Traditional Leaders, a member of a provincial House of Traditional Leaders or of Traditional Leaders who holds different public offices simultaneously, is only entitled to the salary, allowances and benefits of the public office for which he or she earns the highest income, but- ( a ) this subsection shall not preclude the payment of out of pocket a member of the National House expenses for the performance of functions other than those for which such office bearer receives such highest income; and an allowance in addition to his or her ( b ) where only an allowance has been determined in terms of subsection (1) in respect of a traditional leader’s membership of a local House of Traditional Leaders, a provincial House of Traditional Leaders or the National House of Traditional Leaders, such a traditional leader shall salary, be entitled to such allowances and benefits as a traditional leader. he or she deems it expedient after consultation with the Minister and the Premier concerned, by proclamation a traditional leader, a in the Gazette determine any benefits member of any Provincial House of Traditional Leaders or a member of the National House of Traditional Leaders shall be entitled, subject to such conditions President may prescribe. local House of Traditional Leaders, a member (3) ( a ) The President may, if to which as the of any (b) If the President decides to determine such benefits, the criteria listed the in paragraphs ( a ) to ( h ) of subsection (1) shall be applicable, with necessary changes. 40 of Traditional Leaders, (4) The amount payable in respect of salaries, allowances and benefits to of local Houses traditional leaders, members members of provincial Houses of Traditional Leaders and members of the National House by Parliament in respect of the National appropriated for that purpose House of Traditional Leaders and by a provincial legislature in respect of traditional leaders, [and] members of local Houses of Traditional Leaders and members of provincial Houses of Traditional Leaders, as the case may be. of Traditional Leaders shall be paid from monies [(5) A traditional leader is a person identified by the Minister after consultation with the Premier concerned by notice in the Gazette for the purposes of this Act.] ( 6 ) Despite the provisions of subsection (I), a member of the National House of Traditional Leaders shall be entitled to an allowance as determined by the President by proclamation in the Gazette for actual work performed with effect from 10 April 1997 until a determination is made in terms of subsection (l).”; (d) the substitution in section 8 for subsection (6) of the following subsection: ‘ * ( 6 ) The provisions of this section shall, subject to section 5(3), not apply to a traditional leader, a member of a local House of Traditional Leaders. a member of a provincial House of Traditional Leaders and a member of the National House of Traditional Leaders.”; and 45 50 55 60 38 No. 25855 Act No. 41,2003 GAZE'ITE, GOVERNMENT 19 DECEMBER 2003 TRADITIONAL LEADERSHIP AND GOVERNANCE FRAMEWORK ACT, 2003 (e,! the substitution i n section 9 for subsection ( 6 ) of the fo!!owing subsecdo~: "(6) The provisions of this section shall, subject to section 5(3), not apply to a traditional leader, a member of a local House of Traditional Leaders. a member of a provincial House of Traditional Leaders and a member of the National of Traditional Leaders.". House 5 Short title and commencement

30. This Act is called the Traditional Leadership and Governance Framework Act, 2003, and comes into operation on a date determined by the President by proclamation in the Gazette. GOVERNMENT 25855 40 No. GAZE'lTE, 19 DECEMBER 2003 Act No. 41,2003 TRADITIONAL LEADERSHIP AND GOVERNANCE FRAMEWORK ACT, 2003 CODE OF CONDUCT General conduct of traditional leader

1. A traditional leader- applicable any 15 communities; with comply legislation; to him or her in good faith, diligently, must perform the functions allocated honestly and in a transparent manner; must fulfil his or her role in an efficient manner; may not conduct himself or herself in a disgraceful, improper or unbecoming manner; must must act in the best interest of the traditional community or communities he or she serves; must promote unity amongst traditional communities; may not embark on actions that would create division within or amongst traditional must promote nation building; may not refuse to provide any service to a person on political or ideological grounds; must foster good interacts; must promote the principles of a democratic and open society; and must disclose gifts received. relations with the organs of state with whom he or she 5 10 20 General conduct of traditional council

2. A traditional council must- (a) perform the functions allocated to it in good faith, diligently, honestly and in 25 a transparent manner; (b) execute its duties in an efficient manner; legislation; (c) comply with any applicable (d) act in the best interest of the traditional community it serves; ( e ) give effect to the principles governing public administration set out in section 30 195 of the Constitution; and (fl foster good relations with the organs of state with whom it interacts.

21. Dispute resolution

22. Establishment of Commission

23. Appointment of members of Commission 24.

25. Functions of Commission of Commission

26. Decisions Vacancies CHAPTER 7 GENERAL PROVISIONS

28. Transitional arrangements

30. Short title and of Act 20 of 1998, as amended by Act 21 of 2000 commencement CHAPTER 1 INTERPRETATION AND APPLICATION Definitions and application I. (1) h this Act, udess the context indicates otlienvise- 5 10 15 20 25 30 “area of jurisdiction” means the area of jurisdiction designated for a traditional community and traditional council that have been recognised as provided for in sections 2 and 3 ; “code of conduct” means the code of conduct contained in the Schedule, and includes in respect of a particular province, a provincial code of conduct envisaged 35 in section 27, if in existence; “Commission” means the commission established by section 22; “customary institution or structure” means those institutions established in terms of customary law; “district municipality” means a district municipality as defined in section 1 of the 40 Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998); “headman or headwoman” means a traditional leader who- (a) is under the authority of, or exercises authority within the area of jurisdiction or structures of, a senior traditional leader in accordance with customary law; and of this Act; (b) is recognised “headmanship” means the position held by a headman or headwoman; “king or queen” means a traditional leader- terms as such in 45 8 No. 25855 Act No. 41,2003 GOVERNMENT GAZETTE. I9 DECEMBER 2003 TRAIIITIONAL LEADERSHIP AND GOVEF3VAIVCE FRAMEWORK ACT. 2003 j c ! under whnsr authority. or within whose are?. ofjurisc!iction, senior traditinna! is a minor, is recognised as to that position who leaders exercise authority in accordance with customary law; and recognised as such in terms of this Act; (11) “kingship” means the position held by a king or queen; “local house of traditional leaders” means a local house of traditional leaders provided for in section 16(b); “metropolitan municipality” means a metropolitan municipality as defined in section 1 of the Local Government: Municipal Srructures Act, 1998 (Act No. 117 of 1998); “Minister” means the national Minister responsible for traditional leadership matters; “provincial house of traditional leaders” means a provincial house of traditional leaders envisaged in section 16(a); “regent” means any person who. in terms of customary law of the traditional community concerned, holds a traditional leadership position in a temporary capacity until a successor contemplated in section 13(4); “royal family” means the core customary institution or structure consisting of immediate relatives of the ruling family within a traditional community, who have been identified in terms of custom, and includes, where applicable, other family members who are close relatives of the ruling family; “senior traditional leader” means a traditional leader of a specific traditional community who exercises authority over a number of headmen or headwomen in accordance with customary law. or within whose area of jurisdiction a number of headmen or headwomen exercise authority; “senior traditional leadership” means the position held by a senior traditional leader; “traditional community” means a traditional community recognised as such in terms of section 2; “traditional council” means a council established in terms of section 3; “traditional leader” means any person who, in terms of customary law of the traditional community concerned, holds a traditxonal leadership position, and is recognised in terms of this Act; “traditional leadership” means the customary institutions or structures, or customary systems or procedures of governance, recognised, utilised or practised by traditional communities; “tribe” means a tribe that was established or recognised under legislation in force before the commencement of this Act. (2) Nothing contained in this Act may be construed as precluding members of a traditional community by the traditional title accorded to him or her by custom, but such traditi0na.l title does not derogate from, or add anything to, the status. role and functions of a traditional leader as provided for in this Act. from addressing a traditional leader 5 10 15 20 25 30 35 40 (3) Traditional leaders may acknowledge or recognise the different levels of seniority among themselves in accordance with customs, and none of the definitions contained in subsection (1) must be construed as conferring, or detracting from, such seniority. 45 CHAPTER 2 TRADITIONAL COMMUNITIES AND TRADITIONAL COUNCILS Recognition of traditional communities 2. (1) A community may be recognised as a traditional community if it- 50 (a) is subject to a system of traditional leadership in terms of that community’s customs; and ( 0 ) observes a system of customary law. (2) (a) The Premier of a province may, by notice in the Provincial Gazette, In accordance with provincial legislation and after consultation with the provincial house of traditional leaders in the province, the community Concerned, and, if applicable, the king or queen under whose authority that community would fall, recognise a community envisaged in subsection (1) as a traditional community. 55 10 No. 25855 Act No. 41,2003 GAZETTE, GOVERNMENT 19 DECEMBER 2003 TRADITIONAL LEADERSHIP AhD GOVERNANCE FRAMEWORK ACT. 20078 / L l D-n.r;-c:ql ,u, 1 I " " * l l r l U I l o A p l + ; r . n mfo-nrl A ~ ~ 1 I L I * U C I \ , I I tn ;n nqtclnrclnh /,,I mrlrt-p 111 yULUE'Uy" I L L , (i) provide for a process that will allow for reasonably adequate consultation with L Y I Y L L V U L" I I I Y O L the community concerned; and (ii) prescribe a fixed period within which the Premier of the province concerned must reach a decision regarding the recognition of a community envisaged in subsection (1) as a traditional community. 5 (3) A traditional community must transform and adapt cusf.omary law and customs relevant to the application of this Act so as to comply with the relevant principles contained in the Bill of Rights in the Constitution, in particular by- ( u ) preventing unfair discrimination; ( b ) promoting equality; and ( c ) seeking to progressively advance gender representation traditional leadership positions. 10 in the succession to Establishment and recognition of traditional councils 3. (1) Once the Premier has recognised a traditional conmunity, that traditional 15 community must establish a traditional council in provincial legislation. line with principles set out in (2) ( a ) A traditional council may have no more than 30 members, depending on the needs of the traditional community concerned. jbj At least a ( c ) The members of a traditional council must comprise- third of the members of a traditiocai cou~ci! inust lie womez. 20 (i) traditional leaders and members of the traditional community selected by the in terms of that community's customs, senior traditional leader concerned taking into account the need for overall compliance with paragraph (bj; and (ii) other members of the traditional community who are democratically elected 25 for a term of five years, and who must constitute 40% of the members of the traditional council. (d) Where it has been proved that an insufficient number of women are available to participate in a traditional council, the Premier concerned may, in accordance with a procedure provided for particular traditional council than that required by paragraph (b). in provincial legislation, determine a lower threshold for the 30 (3) The Premier concerned must. Provincial Gazette and in accordance with the relevant provincial legislation, recognise a traditional council for that traditional community within a defined area of jurisdiction. by notice in the councils Functions of traditional 4. (1) A traditional council has the following functions: in the performance of the relevant local and provincial Administering the affairs of the traditional community in accordance with customs and tradition; assisting, supporting and guiding traditional leaders their functions; supporting municipalities in the identification of community needs; facilitating tine involvement of the traditionai community in the development or amendment of the integrated development plan of a municipality in whose area that community resides; recommending, after consultation with houses of traditional leaders, appropriate interventions will contribute to development and service delivery within the area jurisdiction of the traditional council; participating in the development of policy and legislation at local level; participating in provincial and national spheres of government; promoting the ideals of co-operative governance, integrated development planning, sustainable development and service delivery; promoting indigenous knowledge systems disaster alerting any relevant municipality to any hazard or calamity that threatens the area of jurisdiction of the traditional council in question, or the well-being of people living in such to disaster management in general: to government that of area of jurisdiction, and contributing for sustainable development and development programmes of municipalities and of the 50 35 40 45 55 management; No. 12 25855 GAZETTE, GOVERNMENT 19 DECEMBER 2003 Act No. 41. 2003 TR4DITIONAL LEADERSHIP AND GOVERNANCE FRAMEWORK ACT. 2003 ( k ) (1) performing the functions conferred by custolnary law, customs and statutory liifoiriiation aiij co-operaGiig oihei. ti.a&ioii$ iouiicils; aiid law consistent with the Constitution. (2) Applicable provincial legislation must regulate the performance of functions by a traditional council by at least requiring traditional a council (ai keep proper records; ( b ) have its financial statements audited; (c) disclose the receipt of gifts; and (d) adhere to the code of conduct. council traditional (3) A must- to-- 5 10 ( a ) co-operate with any relevant ward committee established in terms of section 73 of the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998); and ( b ) meet at least once a year with its traditional community to give account of the activities and finances of the traditional council and levies received by the 1.5 traditional council. (4) A traditional council and its resources may not be used to promote or prejudice the interest of any political party. Partnerships between municipalities and traditional councils 5. ( I ) The national government and all provincial governments must promole 20 partnerships between municipalities and traditional councils through legislative or other measures. (2) Any partnership between a municipality and a traditional council must- ( a ) be based on the principles of mutual respect (and recognition of the status and respective roles of the and parties; ( b ) be guided by and based on the principles of co-operative governance. ( 3 ) A traditional council may enter into a service delivery agreement with a municipality in accordance with the Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000), and any other applicable legislation. councils Support to traditional 2.5 30

8. The following leadership positions within the institution of traditional leadership 10 are recognised: ( a ) Kingship; ( h ) senior traditional leadership; and (c) headmanship. Part 2: Kings and queens Recognition of kings and queens 9. (I) Whenever the position of a king or a queen is to be filled, the following process must be followed: ( a ) The royal family must, within a reasonable time after the need arises for the position of a king or a queen to be filled, and with due regard to applicable customary law- (i) identify a person who qualifies in terms of customary law to assume the position of a king or a queen, as the case may be, after taking into account whether any of the grounds referred to in section 10(l)(a), (b) and (d) apply to that person; and (ii) through the relevant customary structure- (aa) inform the President, the Premier of the province concerned and the Minister, of the particulars of the person so identified to fill the position of a king or a queen; 15 20 25 (bb) provide the President with the reasons for the identification of that 30 person as a king or a queen; and (cc) give written confirmation to the President that the Premier of the province concerned and the Minister have been informed accord- ingly; and ( 6 ) the President must, subject to subsection ( 3 ) , recognise a person so identified in terms of paragraph (a)(i) as a king or a queen, taking into account- (i) the Geed ta estzblish unifarmity in the Repub!i:: respect zf the s t a ~ s i:: 35 afforded to a king or queen; (ii) whether a recognised kingship exists- (aa) that comprises the areas of jurisdiction of a substantial number of senior traditional leaders that fall under the authority of such king or queen; 40 (bb) in terms of which the king or queen is regarded and recognised in terms of customary law and customs as a traditional leader of higher status than the senior traditional leaders referred to in subparagraph (aa); and (cc) where the king a: queen has a customary structure to represent the traditional councils and senior traditional kaders that fall under the authority of the king or queen; and. (iii) the functions that will be performed by the king, or queen. (2) The recognition of a person as a king or a queen in terms of subsection (1)jb) must be done by way of- (a) a notice in the Gazette recognising the person identified as king or queen; and (b) the issuing of a certificate of recognition to the identified person. 45 50 16 No. 25855 Act No. 11.2003 GOVERNMENT GAZETTE. 19 DECEMBER 3-003 - TRADITIONAL LEADERSHIP AND GOVERNANCE FRAMEWORK ACT, 2003 ( 3 ) Whertt there ii evidence nr 2n a!!egttinr! that the identification of 2 person referred to in subsection (1) was not done in accordance with customary law, customs or processes, the President- ( a ) may refer the matter recommendation; or to the National House of Traditional Leaders for its f h j may refuse to issue a certificate of recognition; and (ci must refer the matter back to the royal family for reconsideration and resolution where the certificate of recognition has been refused. (4) Where the matter which has been referred back for in terms of subsection (3) has been reconsidered and reconsideration and resolution resolved, the President must recognise the person identified by the royal family if the President is satisfied that the reconsideration and resolution by the royal family has been done in accordance with customary law. to the royal family ( 5 ) ( a ) The President may, by notice in the Gazette, make regulations concerning-- (i) the traditional or ceremonial role of a lung or queen; (ii) the responsibilities of a king or queen in respect of nation building; and (iii) other functions or roles of a king or queen. ( b ) Regulations made in terms of paragraph ( a ) must be tabled in Parliament after their publication in the Gazette. Removal of kings or queens 5 10 15 20 10. (1) A king or queen may be removed from office on the grounds of- ( a ) conviction of an offence with a sentence of imprisonment for more than 12 months without an option of a fine; ( b ) physical incapacity or mental infirmity which, based on acceptable medical evidence, makes it impossible for the king or queen to function as such; 25 (c j wrongful appointment or recognition; or (d) a transgression of a customary rule or principle that 'warrants removal. (2) Whenever any of the grounds referred to in subsection (1 )(a), (bj and (d) come to the attention of the royal family and the royal family decides to remove a king or queen, the royal family must, within a reasonable time and through the relevant customary structure- 30 (a j inform the President, the Premier of the province concerned and the Minister, of the particulars of the king or queen to be .removed from office; (bj furnish reasons for such removal; and (c) give written confirmation to the President that the Premier of the province 35 concerned and the Minister have been informed accordingly. (3) Where it has been decided to remove a king or queen in terms of subsection (2), the President must- (aj withdraw the certificate of recognition with effect from the date of removal; ( b ) publish a notice with particulars of the removed king or queen in the Gazette; 40 and ( c ) inform the royal family concerned, and the removed king or queen of such removal. (4) Where a king or queen is removed from office, a successor in line with customs may assume the uosition. role and resDonsibilities. subiect to section 9. 18 No. 25855 Act No. 41,2003 ~ ~~~~~ ~~~~~~~~~~~ GOVERNMENT GAZEITE, 19 DECEMBER 2003 TRADITIONAL LEADERSHE' AND GOVERNANCE FRAMEWORK ACT. 2003 Po-t 7 . ' 2 n n ; n r h.nll;h'nnoJ JnnJnrr h n n l l m n n " M A L n n J l r , n m n n .I.,UW..L.".I U.*W ,lYUUr."..ll.l 1 W , ' d . "-.'I", 1,UU'.I*",IUI & Y U U Y , Y , Recognition of senior traditional leaders, headmen or headwomen 11. (1) Whenever the position of senior traditional leader, headman or headwoman is to be filled- (a) the royal family concerned must, within a reasonable time after the need arises to applicable positions to be filled, and with due regard for any of those customary law- (i) identify a person who qualifies in terms of customary law to assume the position in question, after taking into account whether any of the grounds referred to in section 12(l)(a), ( b ) and (d) apply to that person; and of the through the relevant customary structure, inform the Premier province concerned of the particulars of the person so identified to fill the position and of the reasons for the identification of that person; and (ii) 5 10 ( b ) the Premier concerned must, subject to subsection (3), recognise the person so as identified by the royal family in accordance with provincial legislation senior traditional leader, headman or headwoman, as the case may be. (2) (a) The provincial legislation referred to in subsection (l)(b) must at least provide 15 for- (i) a notice in the Provincial Gazette recognising the person identified as senior traditional leader, headman or headwoman in terms of subsection (1); 20 (ii) a certificate of recognition to be issued to the identified person; and (iii) the relevant provincial house of traditional leaders to be informed of the recognition of a senior traditional leader, headman or headwoman. (6) Provincial legislation may also provide for- (i) the election customaq law and customs; and or appointment of a headman or headwoman in terms of 25 (ii) consultation by the Premier with the traditional council concerned where the position of a senior traditional leader, headman or headwoman is to be filled. (3) Where there is evidence or an allegation that the identification of a person referred to in subsection (1) was not done processes, the Premier- in accordance with customary law, customs or 30 ( a ) may refer the matter to the relevant provincial house of traditional leaders for its recommendation; or (bj may refuse to issue a certificate of recognition; and (c) must refer the matter back to the royal family for reconsideration resolution where the certificate of recognition has been refused. (4) Where the matter which has been referred back to the royal family for and 35 of subsection (3) has been reconsidered and reconsideration and resolution in terms resolved, the Premier must recognise the person identified by the royal family if the Premier is satisfied that the reconsideration and resolution by the royal family has been done in accordance with customary law. 40 Removal of senior traditional leaders, headmen or headwomen 12. (1) A senior traditional leader, headman or headwoman may be removed from office on the grounds of- (a) conviction of an offence with a sentence of imprisonment for more than 12 45 months without an option of a fine; (b) physical incapacity or mental infirmity which, based on acceptable medical evidence, makes it impossible for that senior traditional leader, headman or headwoman to function as such: (c) wrongful appointment or recognition; or (dj a transgression of a customary rule or principle that warrants removal. (2) Whenever any of the grounds referred to in subse,ction (1 )(a), (b) and (d) come to to remove a senior the attention of the royal family and the royal family decides traditional leader, headman or headwoman. the royal family concerned must, within a reasonable time and through the relevant customary structure-- ( a ) inform the Premier of the province concerned of the particulars of the senior traditional leader, headman or headwoman to be removed from office: and 50 55 Ih) furnish reasons for such removal. 20 N o . 75855 Act No. 41,2003 GAZETTE. GOVERNMENT 19 DECEMBER 2003 TRADITIONAL LEADERSHIP AND GOVERNANCE FRAMEWORK .4CT. 2003 ( 3 ) ‘:T’:liie i~ has ~ C X E d ~ i d d h c ; d ~ ; ~ GT headwoman in terms of subsection ( 2 ) , the Premier of the province concerned must. in terms of applicable provincial legislation- to ieicG>-e a s e n i ~ i t r a d i d ~ ~ d :c;dcr, ( a , withdraw the certificate of recognition with effect from the date of removal; (0) publish a notice with particulars of the removed senior traditional leader, headman or headwoman in the Provincial Gazette; and 5 ( c ) inform the royal family concerned. the removed senior traditional leader, headman or headwoman, and concerned, of such removal. the provincial house of traditional leaders (4) Where a senior traditional leader, headman or headwoman is removed from office. 10 a successor in line with customs may assume the position, subject to section 11. role and responsibilities, Part 4: General provisions regarding traditional leaders Recognition of regents 13. (1) Where the successor to the position of king, queen, senior traditional leader, headman or headwoman identified in terms of section 9 or 11 is still regarded as a minor in terms of applicable customary law or customs- I 5 ( a ) the royal family concerned must, within a reasonable time- (i> identify a regent to assume leadership on behalf of the minor: and (ii) through the relevant customary structure, inform the Premier of the province concerned of the particulars of the person identified as regent and the reasons for the identification of that person; and 20 ( b ) the Premier concerned must, with due regard to applicable customary law or customs, and subject to subsections (2) and (3), recognise the regent identified by the royal family in accordance with provincial legislation. 25 (2) The provincial legislation referred to in subsection ( l ) ( h ) must at least provide for- (a) a notice in the Provincial Gazette recognising the person identified as regent in terns of subsection (1); (0) a certificate of recognition to be issued to the identified regent; ( c ) the recognition of a regent to be reviewed by the Premier at least every three 30 years; and jd) the relevant provincial house recognition of a regent. of traditional leaders to be informed of the (3) Where there is evidence or an allegation that the identification of a person as 35 regent was not done in accordance Premier- with customary law, customs or processes, the ( a ) may refer the matter to the relevant provincial house of traditional leaders for its recommendation; or ( b ) may refuse to issue a certificate of recognition; and (c) must refer the matter back to the royal family for reconsideration and resolution where the certificate of recognition has been refused. (4) Where the matter which has been referred back to the royal family for reconsideration and resolution in terms of subsection (3) has been reconsidered and resolved, the Premier must recognise the person identified by the royal family if the Premier is satisfied that the reconsideration and resolution by the royal family have been done in accordance with customary law. 40 45 ( 5 ) As soon as the successor to the position of king. queen, senior traditional leader, headman or headwoman ceases to be a minor in terms of customary law, the regent recognised in terms of subsection (1) must relinquish his or her position as regent. and the rightful successor must- 50 ( a ) in the case of a king or queen. be installed by the President in terms of section 9( l ) ( b ) , and a certificate of recognition contemplated in section 9(2)(b) must be issued after his or her name has been published in the Gazette; or jb) in the case of a senior traditional leader. headman or headwoman, be installed by the Premier in terms of section 11( I)(b), and a certificate of recognition contemplated in section Il(2)(aj(ii) must be issued after his or her name has been published i n the P r o v i m i d Gazette. 5 5 12 No. 15855 GOVERNME?NT GAZETTE, I!, DECEMBER 2003 Act No. 41,2003 TRADITIONAL LEADERSHIP AND GOVERNANCE FRAMEWORK .4CT. 2003 ( 6 ) '%ere a regem hab been r c c u g n i d ill lespt;ci oi the p i t i u i i of a kiig or q ~ m , the Premier concerned must inform the President- ( a ) of the particulars of the regent; jb) when the regent is supposed to relinquish his or her position as regent; and (c) of the of the recognition of the withdrawal regent. 5 Persons acting as traditional leader 14. (1) A royal family may, in accordance with provincial legislation, identify a suitable person to headwoman, as the case may be, where- act as a king, queen, senior traditional leader, headman or 15 a successor to the position of a king, queen, senior traditional leader, headman 10 or headwoman has not been identified by the royal family concerned in terms of section 9( 1 ) or 11( 1); the identification of a successor to the position traditional leader, headman or headwoman is being reconsidered and resolved in terms of section 9(3) or or a king, queen, senior traditional leader, headman or headwoman, as the case may be, would be absent from his or her circumstances other than those provided for in section 1.5 and for a period of more than six months for- (i) the treatment of illness; (ii) skdyy prposes; or (iii) any other lawful purpose. of a king, queen, senior jurisdiction under 11(3); area of 20 (2) An acting appointment in terms of subsection (1) must be made in accordance with provincial legislation, which legislation must at least provide for- ( a ) a certificate of appointment in an acting position to be issued by an appropriate 2.5 authority; ( b ) a review of the acting appointment on a regular basis; ( c ) the removal of a person who has been appointed in an acting position; and (d) the relevant provincial house of traditional leaders to be informed of such an appointment. acting 30 (3) A person who has been appointed as an acting king, queen, senior traditional leader, headman or headwoman in terms of subsection (1) may perform the functions that are attached to the kingship, senior traditional leadership or headmanship in question. (4) Where a person has been appointed as an acting king or queen, the authority 3.5 referred to in subsection (2)(a) must inform the President of- (a) the acting appointment; and (b) the removal of the person who has been appointed as an acting king or queen. Deputy traditional leaders 15. (1) A king, queen, senior traditional leader, headman or headwoman, as the case 40 may be, may, after consultation with the royal family, appoint a deputy to act in his or her stead whenever that king, queen, senior traditional leader, headman or headwoman- member provincial of a is elected as a member of the National Assembly; (a) becomes a fuii-rime member of a municipai councii; (b) is elected as a (c) (d) is appointed as a permanent delegate in the National Council of Provinces; or ( e ) is elected to, or appointed in, a full-time position in any house of traditional legislature; 45 leaders. (2) An appointment in terms of subsection (1) must be made in accordance with 50 provincial legislation, which legislation must at least provide for- ( a ) the removal of a person who has been appointed as a deputy; (bj a certificate of appointment to be issued to a deputy by an appropriate (c) authority; and the relevant provincial house of traditional 1e.aders to be informed of such an 55 appointment. (3) A person who has been appointed as a deputy in terms of subsection (1) may perform the functions that are attached to the kingship, senior traditional leadership or headmanship in question. (4) Where a king or queen has appointed a deputy in terms of subsection (l), the king 60 or queen must inform the President of such appointment. 24 No. 25855 Act No. 41,2003 GAZETTE, GOVERNMENT 19 DECEMBER 2003 TRADITIONAL LEADERSHIP AND GOVEJRNANCE FRAMEWORK ACT, 2003 HOUSES OF TRADITIONAL LEADERS Houses of traditional leaders in Republic 16. (1) The houses of traditional leaders in the Republic are- ( a ) a national house of traditional leaders and provincial houses of traditional 5 leaders as provided for in section 212(2)(a) of the Constitution; and (b) local houses of traditional leaders established in accordance with the principles set out in section 17. (2) A house of traditional leaders and its resources may not be used to promote or interest the prejudice political party. (3) Provincial legislation must provide for mechanislns or procedures any of that would allow a sufficient number of women- ( a ) to be represented in the provincial house of traditional leaders concerned; and (bj to be elected as representatives of the provincial house of traditional leaders to House National the Leaders. of Traditional Local houses of traditional leaders metropolitan 17. (1) A !oca! house of :;aditional leaders m~ls: be established in accordance with or of jurisdiction of a district municipality provincial legislation for the area metropolitan municipality where more than one senior traditional leadership exists in or municipality. municipality that district (2) ( a ) The number of members of a local house of traditional leaders may not be less than five and may not be more than 10, or such other higher number not exceeding 20 as may be determined by the Minister where there are more than 35 traditional councils within the area of jurisdiction of a district municipality or metropolitan municipality. 10 15 20 ( b ) Members of a local house of traditional leaders are elected by an electoral college 25 consisting of all kings or queens, or their representatives, and senior traditional leaders residing within the district municipality or metropolitan municipality in question. (c) The electoral college referred to in paragraph (b) must seek to elect a sufficient number of women to make the local house of traditional leaders representative of the area traditional the within leaders of jurisdiction in question. (3) The functions of a local house of traditional leaders are- (a) to advise the district municipality or metropolitan municipality in question 30 on- (i) matters pertaining to customary law, customs, traditional leadership and the traditional communities within the district municipality or metropoli- 35 tan municipality; (ii) the development of planning frameworks that impact on traditional communities; or the development of by-laws that impact on traditional communities; local programmes that have the development ( b ) to participate in (iii) of rural 40 (c) communities as an object; or to participate in local initiatives that are aimed at monitoring, reviewing evaluating government programmes in rural communities. or (4) Where a local house subsection (l), the functions of a local house subsection ( 3 ) are performed by the traditional council within the district municipality or metropolitan municipality concerned. of traditional leaders cannot be established of traditional leaders in terms of referred to in 45 Referral of Bills to National House of Traditional Leaders 18. (1) ( a ) Any parliamentary Bill pertaining to customary law or customs of traditional communities must, before was introduced, be referred by the Secretary to Parliament to the National House of Traditional Leaders for its comments. it is passed by the house of Parliament where it 50 ( b ) The National House of Traditional Leaders must, within 30 days from the date of such referral, make any comments it wishes to make. (2) A provincial legislature or a municipal council may adopt the same procedure 55 referred to in subsection (1) in respect of the referral of a provincial Bill or a draft by-law 26 No. 25855 GAZE'ITE, GOVERNMENT 19 DECEMBER 2003 Act No. 41,2003 TRADITIONAL LEADERSHIP AND GOVERNANCE FRAMEWORK ACT, 2003 to a provinciai house of traditionai ieaders or a iocai house of uadirionai ieaders, as tine case may be. CHAPTER 5 ROLES AND FUNCTIONS OF TRADITIONAL LEADERSHIP Functions of traditional leaders