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Traditional and KhoiSan Leadership Act, 2019 (No. 3 of 2019).

Country/Territory
South Africa
Document type
Legislation
Date
2019
Source
FAO, FAOLEX
Long title
An Act to provide for the recognition of traditional and Khoi-San communities, leadership positions and for the withdrawal of such recognition; to provide for the functions and roles of traditional and Khoi-San leaders; to provide for the recognition, establishment, functions, roles and administration of kingship or queenship councils, principal traditional councils, traditional councils, Khoi-San councils and traditional sub-councils, as well as the support to such councils; to provide for the establishment, composition and functioning of the National House of Traditional and Khoi-San Leaders; to provide for the establishment of provincial houses of traditional and Khoi-San leaders; to provide for the establishment and composition of local houses of traditional and Khoi-San leaders; to provide for the establishment and operation of the Commission on Khoi-San Matters; to provide for a code of conduct for members of the National House, provincial houses, local houses and all traditional and Khoi-San councils; to provide for regulatory powers of the Minister and Premiers; to provide for transitional arrangements; to amend certain Acts; to provide for the repeal of legislation; and to provide for matters connected therewith.
Subject
General
Keyword
Traditional rights/customary rights Local government Community management Governance Equity Economic/social/cultural rights Human rights
Geographical area
Africa, South Atlantic, Southern Africa
Abstract

This Act makes provision with respect to traditional and Khoi-San communities in South Africa. It sets out the procedure and criteria for the recognition of traditional communities and leaders. A kingship or queenship, principal traditional community, traditional community, headmanship, headwomanship and Khoi-San community must transform and adapt customary 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— (a) preventing unfair discrimination; (b) promoting equality; and (c) seeking to progressively advance gender representation in the succession to traditional and Khoi-San leadership positions. The Act establishes the Commission on Khoi-San Matters. The Commission must investigate and make recommendations to the Minister on the recognition of Khoi-San communities and leaders.

Full text
English
Website
www.gov.za

References - Legislation

Amends

Traditional Leadership and Governance Framework Act, 2003 (No. 41 of 2003).

Legislation | South Africa | 2003

Keyword: Traditional rights/customary rights, Local government, Community management, Governance, Equity, Economic/social/cultural rights, Human rights

Source: FAO, FAOLEX