Traditional Leadership and Governance Framework Act, 2003 (Act No. 41 of 2003)Chapter 2 : Traditional Communities and Traditional Councils2. Recognition of traditional communities |
| (1) | A community may be recognised as a traditional community if it— |
| (a) | is subject to a system of traditional leadership in terms of that community’s customs; and |
| (b) | observes a system of customary law. |
| (2) |
| (a) | The Premier of a province may, by notice in the Provincial Gazette, in accordance with provincial legislation and after consultation with the provincial house of traditional leaders in the province, the community Concerned, and, if applicable, the king or queen under whose authority that community would fall, recognise a community envisaged in subsection (1) as a traditional community. |
| (b) | Provincial legislation referred to in paragraph (a) must— |
| (i) | provide for a process that will allow for reasonably adequate consultation with the community concerned; and |
| (ii) | prescribe a fixed period within which the Premier of the province concerned must reach a decision regarding the recognition of a community envisaged in subsection (1) as a traditional community. |
| (3) | A traditional community must transform and adapt customary law and customs relevant to the application of this Act so as to comply with the relevant principles contained in the Bill of Rights in the Constitution, in particular by— |
| (a) | preventing unfair discrimination; |
| (b) | promoting equality; and |
| (c) | seeking to progressively advance gender representation in the succession to traditional leadership positions. |