Traditional Leadership and Governance Framework Act, 2003 (Act No. 41 of 2003)Chapter 3 : Leadership Positions within Institution of Traditional LeadershipPart 3 : Senior traditional leaders, headmen and headwomen11. Recognition of senior traditional leaders, headmen or headwomen |
| (1) | Whenever the position of senior traditional leader, headman or headwoman is to be filled— |
| (a) | the royal family concerned must, within a reasonable time after the need arises for any of those positions to be filled, and with due regard to applicable customary law— |
| (i) | identify a person who qualifies in terms of customary law to assume the position in question, after taking in to account whether any of the grounds referred to in section 12(1)(a), (b) and (d) apply to that person; and |
| (ii) | through the relevant customary structure, inform the Premier of the province concerned of the particulars of the person so identified to fill the position and of the reasons for the identification of that person; and |
| (b) | the Premier concerned must, subject to subsection (3), recognise the person so identified by the royal family in accordance with provincial legislation as senior traditional leader, headman or headwoman, as the case may be. |
| (2) |
| (a) | The provincial legislation referred to in subsection (1)(b) must at least provide for— |
| (i) | a notice in the Provincial Gazette recognising the person identified as senior traditional leader, headman or headwoman in terms of subsection (1); |
| (ii) | a certificate of recognition to be issued to the identified person; and |
| (iii) | the relevant provincial house of traditional leaders to be informed of the recognition of a senior traditional leader, headman or headwoman. |
| (b) | Provincial legislation may also provide for— |
| (i) | the election or appointment of a headman or headwoman in terms of customary law and customs; and |
| (ii) | consultation by the Premier with the traditional council concerned where the position of a senior traditional leader, headman or headwoman is to be filled. |
| (3) | Where there is evidence or an allegation that the identification of a person referred to in subsection (1) was not done in accordance with customary law, customs or processes, the Premier— |
| (a) | may refer the matter to the relevant provincial house of traditional leaders for its recommendation; or |
| (b) | may refuse to issue a certificate of recognition; and |
| (c) | must refer the matter back to the royal family for reconsideration and resolution where the certificate of recognition has been refused. |
| (4) | Where the matter which has been referred back to the royal family for reconsideration and resolution in terms of subsection (3) has been reconsidered and resolved, the Premier must recognise the person identified by the royal family if the Premier is satisfied that the reconsideration and resolution by the royal family has been done in accordance with customary law. |