Traditional Leadership and Governance Framework Act, 2003 (Act No. 41 of 2003) Chapter 1 : Interpretation and Application 1. Definitions and application

 

 

“area of jurisdiction”

means the area of jurisdiction designated for a traditional community and traditional council that have been recognised as provided for in sections 2 and 3;

 

“code of conduct”

means the code of conduct contained in the Schedule, and includes in respect of a particular province, a provincial code of conduct envisaged in section 27, if in existence;

 

“Commission”

means the commission established by section 22;

 

“customary institution or structure”

means those institutions or structures established in terms of customary law;

 

“district municipality”

means a district municipality as defined in section 1 of the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998);

 

“headman or headwoman”

means a traditional leader who—

 

“headmanship”

means the position held by a headman or headwoman;

 

“king or queen”

means a traditional leader —

 

“kingship”

means the position held by a king or queen;

 

“local house of traditional leaders”

means a local house of traditional leaders provided for in section 16(b);

 

“metropolitan municipality”

means a metropolitan municipality as defined in section 1 of the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998);

 

“Minister”

means the national Minister responsible for traditional leadership matters;

 

“provincial house of traditional leaders”

means a provincial house of traditional leaders envisaged in section 16(a);

 

“regent”

means any person who, in terms of customary law of the traditional community concerned, holds a traditional leadership position in a temporary capacity until a successor to that position who is a minor, is recognised as contemplated in section 13(4);

 

“royal family”

means the core customary institution or structure consisting of immediate relatives of the ruling family within a traditional community, who have been identified in terms of custom, and includes, where applicable, other family members who are close relatives of the ruling family;

 

“senior traditional leader”

means a traditional leader of a specific traditional community who exercises authority over a number of headmen or headwomen in accordance with customary law, or within whose area of jurisdiction a number of headmen or headwomen exercise authority;

 

“senior traditional leadership”

means the position held by a senior traditional leader;

 

“traditional community”

means a traditional community recognised as such in terms of section 2;

 

“traditional council”

means a council established in terms of section 3;

 

“traditional leader”

means any person who, in terms of customary law of the traditional community concerned, holds a traditional leadership position, and is recognised in terms of this Act;

 

“traditional leadership”

means the customary institutions or structures, or customary systems or procedures of governance, recognised, utilised or practised by traditional communities;

 

“tribe”

means a tribe that was established or recognised under legislation in force before the commencement of this Act.