Traditional Leadership and Governance Framework Act, 2003 (Act No. 41 of 2003)Chapter 3 : Leadership Positions within Institution of Traditional LeadershipPart 2 : Kings and queens9. Recognition of kings and queens |
| (1) | Whenever the position of a king or a queen is to be filled, the following process must be followed: |
| (a) | The royal family must, within a reasonable time after the need arises for the position of a king or a queen to be filled, and with due regard to applicable customary law— |
| (i) | identify a person who qualifies in terms of customary law to assume the position of a king or a queen, as the case may be, after taking into account whether any of the grounds referred to in section 10(1)(a), (b) and (d) apply to that person; and |
| (ii) | through the relevant customary structure— |
| (aa) | inform the President, the Premier of the province concerned and the Minister, of the particulars of the person so identified to fill the position of a king or a queen; |
| (bb) | provide the President with the reasons for the identification of that person as a king or a queen; and |
| (cc) | give written confirmation to the President that the Premier of the province concerned and the Minister have been informed accordingly; and |
| (b) | the President must, subject to subsection (3), recognise a person so identified in terms of paragraph (a)(i) as a king or a queen, taking into account— |
| (i) | the need to establish uniformity in the Republic in respect of the status afforded to a king or queen; |
| (ii) | whether a recognised kingship exists— |
| (aa) | that comprises the areas of jurisdiction of a substantial number of senior traditional leaders that fall under the authority of such king or queen; |
| (bb) | in terms of which the king or queen is regarded and recognised in terms of customary law and customs as a traditional leader of higher status than the senior traditional leaders referred to in subparagraph (aa); and |
| (cc) | where the king or queen has a customary structure to represent the traditional councils and senior traditional leaders that fall under the authority of the king or queen; and |
| (iii) | the functions that will be performed by the king or queen. |
| (2) | The recognition of a person as a king or a queen in terms of subsection (1)(b) must be done by way of— |
| (a) | a notice in the Gazette recognising the person identified as king or queen; and |
| (b) | the issuing of a certificate of recognition to the identified person. |
| (3) | Where there is evidence or an allegation that the identification of a person referred to in subsection (1) was not done in accordance with customary law, customs or processes, the President— |
| (a) | may refer the matter to the National House of Traditional Leaders for its recommendation; or |
| (b) | may refuse to issue a certificate of recognition; and |
| (c) | must refer the matter back to the royal family for reconsideration and resolution where the certificate of recognition has been refused. |
| (4) | Where the matter which has been referred back to the royal family for reconsideration and resolution in terms of subsection (3) has been reconsidered and resolved, the President must recognise the person identified by the royal family if the President is satisfied that the reconsideration and resolution by the royal family has been done in accordance with customary law. |
| (5) |
| (a) | The President may, by notice in the Gazette, make regulations concerning— |
| (i) | the traditional or ceremonial role of a king or queen; |
| (ii) | the responsibilities of a king or queen in respect of nation building; and |
| (iii) | other functions or roles of a king or queen. |
| (b) | Regulations made in terms of paragraph (a) must be tabled in Parliament after their publication in the Gazette. |