Chapter 12: Traditional Leaders
CHAPTER 12
tRAditionAl leAdeRS
Recognition
211.
(1)
(2)
(3)
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.
Role of traditional leaders
212.
(1)
(2)
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—
(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.
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