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

Chapter 3 : Leadership Positions within Institution of Traditional Leadership

Part 3 : Senior traditional leaders, headmen and headwomen

12. Removal of senior traditional leaders, headmen and headwomen
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(1)A senior traditional leader, headman or headwoman 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 that senior traditional leader, headman or headwoman 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 senior traditional leader, headman or headwoman, the royal family concerned must, within a reasonable time and through the relevant customary structure—
(a)inform the Premier of the province concerned of the particulars of the senior traditional leader, headman or headwoman to be removed from office; and
(b)furnish reasons for such removal.

 

(3)Where it has been decided to remove a senior traditional leader, headman or headwoman in terms of subsection (2), the Premier of the province concerned must, in terms of applicable provincial legislation—
(a)withdraw the certificate of recognition with effect from the date of removal;
(b)publish a notice with particulars of the removed senior traditional leader, headman or headwoman in the Provincial Gazette; and
(c)inform the royal family concerned. the removed senior traditional leader, headman or headwoman, and the provincial house of traditional leaders concerned, of such removal.

 

(4)Where a senior traditional leader, headman or headwoman is removed from office, a successor in line with customs may assume the position, role and responsibilities, subject to section 11.