Traditional Leaders

Traditional Leaders

Traditional Leaders

Traditional Leaders

- Constitution of South Africa

Chapter 12: Traditional Leaders

211. Recognition

1. The institution, status and role of traditional leadership, according to customary law, are recognised, subject to the Constitution.
2. 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.
3. 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

1. National legislation may provide for a role for traditional leadership as an institution at local level on matters affecting local communities.
2. 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 ­
a. national or provincial legislation may provide for the establishment of houses of traditional leaders; and
b. national legislation may establish a council of traditional leaders.

Constitution of South Africa

Preamble
Founding Provisions
Bill of Rights
Co operative Government
Parliament
President and National Executive
Provinces
Local Government
Courts and Administration of Justice
State Institutions Supporting Constitutional Democracy
Public Administration
Security Services
Traditional Leaders
Finance
General Provisions
National Flag
Geographical Areas of Provinces
Oaths and Solemn Affirmations
Election Procedures
National and Provincial Legislative Competence
Provincial Legislative Competence
Transitional Arrangements
Laws Repealed
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