Traditional Leadership and Governance Framework Act, 2003 (Act No. 41 of 2003)Chapter 3 : Leadership Positions within Institution of Traditional LeadershipPart 4 : General provisions regarding traditional leaders13. Recognition of regents |
| (1) | Where the successor to the position of king, queen, senior traditional leader, headman or headwoman identified in terms of section 9 or 11 is still regarded as a minor in terms of applicable customary law or customs— |
| (a) | the royal family concerned must, within a reasonable time— |
| (i) | identify a regent to assume leadership on behalf of the minor; and |
| (ii) | through the relevant customary structure, inform the Premier of the province concerned of the particulars of the person identified as regent and the reasons for the identification of that person; and |
| (b) | the Premier concerned must, with due regard to applicable customary law or customs, and subject to subsections( 2) and (3), recognise the regent identified by the royal family in accordance with provincial legislation. |
| (2) | The provincial legislation referred to in subsection (1)(b) must at least provide for— |
| (a) | a notice in the Provincial Gazette recognising the person identified as regent terms of subsection (1); |
| (b) | a certificate of recognition to be issued to the identified regent; |
| (c) | the recognition of a regent to be reviewed by the Premier at least every three years; and |
| (d) | the relevant provincial house of traditional leaders to be informed of the recognition of a regent. |
| (3) | Where there is evidence or an allegation that the identification of a person as regent 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 have been done in accordance with customary law. |
| (5) | As soon as the successor to the position of king, queen, senior traditional leader, headman or headwoman ceases to be a minor in terms of customary law, the regent recognised in terms of subsection (1) must relinquish his or her position as regent, and the rightful successor must— |
| (a) | in the case of a king or queen, be installed by the President in terms of section 9(1)(b), and a certificate of recognition contemplated in section 9(2)(b) must be issued after his or her name has been published in the Gazette; or |
| (b) | in the case of a senior traditional leader, headman or headwoman, be installed by the Premier in terms of section 11(1)(b), and a certificate of recognition contemplated in section 11(2)(a)(ii) must be issued after his or her name has been published in the Provincial Gazette. |
| (6) | Where a regent has been recognised in respect of the position of a king or queen, the Premier concerned must inform the President— |
| (a) | of the particulars of the regent; |
| (b) | when the regent is supposed to relinquish his or her position as regent; and |
| (c) | of the withdrawal of the recognition of the regent. |