Traditional Leadership and Governance Framework Act, 2003 (Act No. 41 of 2003)Chapter 6 : Dispute Resolution and Commission on Traditional Leadership Disputes and Claims25. Functions of Commission |
| (1) | The Commission operates nationally and has authority to decide on any traditional leadership dispute and claim contemplated in subsection (2) and arising in any province. |
| (2) |
| (a) | The Commission has authority to investigate, either on request or of its own accord— |
| (i) | a case where there is doubt as to whether a kingship, senior traditional leadership or headmanship was established in accordance with customary law and customs; |
| (ii) | a traditional leadership position where the title or right of the incumbent is contested; |
| (iii) | claims by communities to be recognised as traditional communities; |
| (iv) | the legitimacy of the establishment or disestablishment of “tribes”; |
| (v) | disputes resulting from the determination of traditional authority boundaries and the merging or division of “tribes”; and |
| (vi) | where good grounds exist, any other matters relevant to the matters listed in this paragraph, including the consideration of events that may have arisen before 1 September 1927. |
| (b) | A dispute or claim may be lodged by any person and must be accompanied by information setting out the nature of the dispute or claim and any other relevant information. |
| (c) | The Commission may refuse to consider a dispute or claim on the ground that— |
| (i) | the person who lodged the dispute or claim has not provided the Commission with relevant or sufficient information; or |
| (ii) | the dispute is to be dealt with in terms of section 21(1)(a) in a case where section 21(1)(b) does not apply. |
| (3) |
| (a) | When considering a dispute or claim, the Commission must consider and apply customary law and the customs of the relevant traditional community as they were when the events occurred that gave rise to the dispute or claim. |
| (b) | The Commission must— |
| (i) | in respect of a kingship, be guided by the criteria set out in section 9(1)(b) and such other customary norms and criteria relevant to the establishment of a kingship; and |
| (ii) | in respect of a senior traditional leadership or headmanship, be guided by the customary norms and criteria relevant to the establishment of a senior traditional leadership or headmanship, as the case may be. |
| (c) | Where the Commission investigates disputes resulting from the determination of traditional authority boundaries and the merging or division of “tribes”, the Commission must, before taking a decision in terms of section 26, consult with the Municipal Demarcation Board established by section 2 of the Local Government: Municipal Demarcation Act, 1998 (Act No. 27 of 1998). |
| (4) | The Commission has authority to investigate all traditional leadership claims and disputes dating from 1 September 1927, subject to subsection (2)(a)(vi). |
| (5) | The Commission must complete its mandate within a period of five years or within such longer period as the President may determine. |
| (6) | Sections 2, 3, 4, 5 and 6 of the Commissions Act, 1947 (Act No. 8 of 1947), apply, with the necessary changes, to the Commission. |