Traditional Leadership and Governance Framework Act, 2003 (Act No. 41 of 2003)Chapter 7 : General Provisions28. Transitional arrangements |
| (1) | Any traditional leader who was appointed as such in terms of applicable provincial legislation and was till recognised as a traditional leader immediately before the commencement of this Act, is deemed to have been recognised as such in terms of section 9 or 11, subject to a decision of the Commission in terms of section 26. |
| (2) | A person who, immediately before the commencement of this Act, had been appointed and was still recognised as a regent, or had been appointed in an acting capacity or as a deputy, is deemed to have been recognised or appointed as such in terms of section 13, 14 or 15, as the case may be. |
| (3) | Any “tribe” that, immediately before the commencement of this Act, had been established and was still recognised as such, is deemed to be a traditional community contemplated in section 2, subject to— |
| (a) | the withdrawal of its recognition in accordance with the provisions of section 7; or |
| (b) | a decision of the Commission in terms of section 26. |
| (4) | tribal authority that, immediately before the commencement of this Act, had been established and was still recognised as such, is deemed to be a traditional council contemplated in section 3 and must perform the functions referred to in section 4; Provided that such a tribal authority must comply with section 3(2) within one year of the commencement of this Act. |
| (5) | Any community authority that had been established in terms of applicable legislation and still existed as such immediately before the commencement of this Act, continues to exist until it is disestablished in accordance with provincial legislation, which disestablishment must take place within two years of the commencement of this Act, except where the traditional leadership related to that community authority is still under investigation by the Commission in terms of section 25(2). |
| (6) |
| (a) | The member of the Executive Council of a province responsible for traditional affairs must, by notice in the Provincial Gazette, within one year of the commencement of this Act disestablish any regional authority, Ibandla Lamakhosi. Council of Chiefs and ward authority functioning under tribal authorities that have been established in terms of applicable legislation before the commencement of this Act. |
| (b) | The notice disestablishing a regional authority Ibandla Lamakhosi, Council of Chiefs or ward authority must regulate the legal, practical and other consequence of the disestablishment, including— |
| (i) | the transfer of assets, liabilities and administrative and other recordss to an appropriate provincial department, a municipality or local house of traditional leaders, as circumstances may require; |
| (ii) | the vacation of office of any office bearer of such a regional authority; and |
| (iii) | the transfer of staff of such a regional authority. |
| (7) | The Commission must, in terms of section 25(2), investigate the position of paramountcies and paramount chiefs that had been established and recognised, and which were still in existence and recognised, before the commencement of this Act, before the Commission commences with any other investigation in terms of that section. |