Chapter 12 - Traditional Leaders
The institution, status and role of traditional leadership, according to
customary law, are recognised, subject to the Constitution.
A traditional authority that observes a system of customary law may function
subject to any applicable legislation and customs, which includes amendments to, or repeal
of, that legislation or those customs.
- The courts must apply customary law when that law is applicable, subject to the
Constitution and any legislation that specifically deals with customary law.
212. Role of traditional leaders
National legislation may provide for a role for traditional leadership as an
institution at local level on matters affecting local communities.
- To deal with matters relating to traditional leadership, the role of traditional
leaders, customary law and the customs of communities observing a system of customary law
- national or provincial legislation may provide for the establishment of houses of
traditional leaders; and
- national legislation may establish a council of traditional leaders.
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