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

Chapter 4 : Houses of Traditional Leaders

17. Local houses of traditional leaders
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(1)A local house of traditional leaders must be established in accordance with provincial legislation for the area of jurisdiction of a district municipality or metropolitan municipality where more than one senior traditional leadership exists in that district municipality or metropolitan municipality.

 

(2)
(a)The number of members of a local house of traditional leaders may not be less than five and may not be more than 10, or such other higher number not exceeding as may be determined by the Minister where there are more than 35 traditional councils within the area of jurisdiction of a district municipality or metropolitan municipality.
(b)Members of a local house of traditional leaders are elected by an electoral college consisting of all kings or queens, or their representatives, and senior traditional leaders residing within the district municipality or metropolitan municipality in question.
(c)The electoral college referred to in paragraph (b) must seek to elect a sufficient number of women to make the local house of traditional leaders representative of the traditional leaders within the area of jurisdiction in question.

 

(3)The functions of a local house of traditional leaders are—
(a)to advise the district municipality or metropolitan municipality in question on—
(i)matters pertaining to customary law, customs, traditional leadership and traditional communities within the district municipality or metropolitan municipality;
(ii) the development of planning frameworks that impact on traditional communities; or
(iii) the development of by-laws that impact on traditional communities;
(b)to participate in local programmes that have the development of rural communities as an object; or
(c)to participate in local initiatives that are aimed at monitoring, reviewing or evaluating government programmes in rural communities.

 

(4)Where a local house of traditional leaders cannot be established in terms of subsection (1), the functions of a local house of traditional leaders referred to in subsection (3) are performed by the traditional council within the district municipality or metropolitan municipality concerned.