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Government and communication

Traditional leadership

Introduction

Chapter 12 of the Constitution states that the institution, status and roles of traditional leadership, according to customary law, are recognised, subject to the Constitution.

The Chief Directorate: Traditional Leadership and Institutions in the Department of Provincial and Local Government provides support to traditional leaders and institutions, and is responsible for the development of policy in this regard.

It renders an anthropological service, and provides advice and support regarding governance and development matters. It advises and supports the National House of Traditional Leaders and maintains a database of traditional leaders and institutions.

It is also responsible for developing and implementing a regulatory framework for the protection of the rights of cultural, religious and linguistic communities.

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Traditional councils

The stipulations of Chapter 12 of the Constitution and the advent of democracy required the transformation of the composition of traditional councils. Therefore, legislation has transformed the composition of traditional councils to provide for elements of democracy (40% of members must be elected) and gender representivity (one third of members must be women).

Legislation has also opened a window of opportunity for municipalities and traditional councils to achieve co-operative governance. Traditional councils have been given a strong voice in development matters and may now enter into partnerships and service-delivery agreements with government in all spheres.

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Houses of traditional leaders

The Constitution mandates the establishment of houses of traditional leaders by means of either provincial or national legislation.

The National House of Traditional Leaders was established in terms of the National House of Traditional Leaders Act, 1997 (Act 10 of 1997). Its objectives and functions promote the role of traditional leadership within a democratic constitutional dispensation, enhance unity and understanding among traditional communities and advise national government.

Provincial houses of traditional leaders were established in all six provinces that have traditional leaders, namely the Eastern Cape, KwaZulu-Natal, the Free State, Mpumalanga, Limpopo and North West.

The Traditional Leadership and Governance Framework Act, 2003 (Act 41 of 2003) [PDF], provides for the establishment of local houses of traditional leaders.

The national and provincial houses of traditional leaders enhance the co-operative relationships within national and provincial government, while the establishment of local houses of traditional leaders will deepen and cement the relationship between municipalities and traditional leaders on customary law and development initiatives.

In May 2007, the National House of Traditional Leaders celebrated its 10th anniversary.

By July 2007, all provinces had adopted regulations that guide the drafting of provincial regulations for the transformation of traditional authorities into traditional councils and the establishment of local houses.

Eleven departments had agreed to participate in the process of allocating roles and functions to traditional leadership.

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Commission on Traditional Leadership Disputes and Claims

The commission was established in terms of Section 22(1) of the Traditional Leadership and Governance Framework Act, 2003. The main objective of the commission is to investigate and make findings on traditional-leadership disputes and claims.

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Last modified: 11 April 2008 09:37:10.

Related links

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Legislation
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Council of Traditional Leaders Amendment Act [No 85 of 1998]

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National House of Traditional Leaders Amendment Act [No. 20 of 2000]

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Traditional Leadership and Governance White Paper (Gazette 25438, Notice 2336), 10 September 2003

 

 

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