Traditional Leadership and Governance Framework Act, 2003 (Act No. 41 of 2003)Chapter 6 : Dispute Resolution and Commission on Traditional Leadership Disputes and Claims21. Dispute resolution |
| (1) |
| (a) | Whenever a dispute concerning customary law or customs arises within a traditional community or between traditional communities or other customary institutions on a matter arising from the implementation of this Act, members of such a community and traditional leaders within the traditional community or customary institution concerned must seek to resolve the dispute internally and in accordance with customs. |
| (b) | Where a dispute envisaged in paragraph (a) relates to a case that must be investigated by the Commission in terms of section 25(2), the dispute must be referred to the Commission, and paragraph (a) does not apply. |
| (2) |
| (a) | A dispute referred to in subsection (1)(a) that cannot be resolved as provided for in that subsection must be referred to the relevant provincial house of traditional leaders, which house must seek to resolve the dispute in accordance with its internal rules and procedures. |
| (b) | If a provincial house of traditional leaders is unable to resolve a dispute as provided for in paragraph (a), the dispute must be referred to the Premier of the province concerned, who must resolve the dispute after having consulted— |
| (i) | the parties to the dispute; and |
| (ii) | the provincial house of traditional leaders concerned. |