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

Country/Territory
South Africa
Document type
Legislation
Date
2003
Source
FAO, FAOLEX
Original source
Government Gazette No. 25855 of 19 December 2003.
Long title
An Act provide for the recognition of traditional communities; to provide for the establishment and recognition of traditional councils; to provide a statutory 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 of traditional leaders; to provide for dispute resolution and the 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.
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 communities and traditional leadership in South Africa. It sets out the procedure and criteria for the recognition of traditional communities and leaders. A traditional 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; 10 (b) promoting equality; and (c) seeking to progressively advance gender representation in the succession to traditional leadership positions. Once the Premier has recognised a traditional community, it must establish a traditional council in line with principles set out in provincial legislation. The traditional council shall administer the affairs of the traditional community in accordance with customs and tradition and be involved, among other things, in community development. The national government and all provincial governments must promote partnerships between municipalities and traditional councils through legislative or other measures, and, through legislative or other measures, provide a role for traditional councils or traditional leaders in respect of, among other things, land administration, agriculture, health, welfare, the administration of justice, disaster management, and the management of natural resources.

Full text
English
Website
www.gov.za

References - Legislation

Implemented by

Traditional Leadership and Governance Framework Amendment Act, 2009 (No. 23 of 2009).

Legislation | South Africa | 2010

Keyword: Traditional rights/customary rights, Local government, Community management, Governance, Equity, Dispute settlement

Source: FAO, FAOLEX

Amended by

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

Legislation | South Africa | 2019

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

Source: FAO, FAOLEX

Traditional Leadership and Governance Framework Amendment Act, 2019 (No. 2 of 2019).

Legislation | South Africa | 2019

Keyword: Local government, Governance, Traditional rights/customary rights

Source: FAO, FAOLEX