Traditional Leadership and Governance Framework Act, 2003 (Act No. 41 of 2003)Chapter 2 : Traditional Communities and Traditional Councils7. Withdrawal of recognition of traditional communities |
| (1) | The withdrawal of the recognition of a community as a traditional community as provided for in section 2, may only be considered where— |
| (a) | the community concerned requests the Premier of a province that its recognition as a traditional community be withdrawn; |
| (b) | the provincial government concerned is requested to review the position of a community or communities that was or were divided or merged prior to 1994 in terms of applicable legislation; or |
| (c) | two or more communities so recognised, request the Premier of a province that they be merged into a single traditional community. |
| (2) |
| (a) | The withdrawal of the recognition of a community as a traditional community must be done by the Premier of a province in accordance with applicable provincial legislation. |
| (b) | The provincial legislation referred to in paragraph (a) must— |
| (i) | provide for the withdrawal of the recognition of a traditional council at the same time that the recognition of its traditional community is withdrawn as provided for in paragraph (a); and |
| (ii) | make provision for consultation by the Premier with the provincial house of traditional leaders concerned, any community that may be affected, and, if applicable, the king or queen under whose authority such a community falls, before the withdrawal of the recognition of a traditional community may be effected by way of a notice in the Provincial Gazette. |
| (3) | The Premier of a province must, in terms of section 2, consider the recognition of separate traditional communities or a merged traditional community where a review of the division or merger of communities envisaged by subsection (1)(b) indicates that newly constituted traditional communities must be recognised. |