Traditional Leadership and Governance Framework Act, 2003 (Act No. 41 of 2003)Chapter 3 : Leadership Positions within Institution of Traditional LeadershipPart 2 : Kings and queens10. Removal of kings or queens |
| (1) | A king or queen may be removed from office on the grounds of— |
| (a) | conviction of an offence with a sentence of imprisonment for more than 12 months without an option of a fine; |
| (b) | physical incapacity or mental infirmity which, based on acceptable medical evidence, makes it impossible for the king or queen to function as such; |
| (c) | wrongful appointment or recognition; or |
| (d) | a transgression of a customary rule or principle that warrants removal. |
| (2) | Whenever any of the grounds referred to in subsection (1 )(a), (b) and (d) come to the attention of the royal family and the royal family decides to remove a king or queen, the royal family must, within a reasonable time and through the relevant customary structure— |
| (a) | inform the President, the Premier of the province concerned and the Minister, of the particulars of the king or queen to be removed from office; |
| (b) | furnish reasons for such removal; and |
| (c) | give written confirmation to the President that the Premier of the province concerned and the Minister have been informed accordingly. |
| (3) | Where it has been decided to remove a king or queen in terms of subsection (2) ,the President must — |
| (a) | withdraw the certificate of recognition with effect from the date of removal; |
| (b) | publish a notice with particulars of the removed king or queen in the Gazette; and |
| (c) | inform the royal family concerned, and the removed king or queen of such removal. |
| (4) | Where a king or queen is removed from office, a successor in line with customs may assume the position, role and responsibilities, subject to section 9. |