Traditional Leadership and Governance Framework Act, 2003 (Act No. 41 of 2003)

WHEREAS the State, in accordance with the Constitution, seeks—

* to set out a national framework and norms and standards that will define the place and role of traditional leadership within the new system of democratic governance;

* to transform the institution in line with constitutional imperatives; and

* to restore the integrity and legitimacy of the institution of traditional leadership in line with customary law and practices;

AND WHEREAS the South African indigenous people consist of a diversity of cultural Communities;

AND WHEREAS the Constitution recognises—

* the institution, status and role of traditional leadership according to customary law; and

* a traditional authority that observes a system of customary law;

AND WHEREAS—

* the State must respect, protect and promote the institution of traditional leadership in accordance with the dictates of democracy in South Africa;

* the State recognises the need to provide appropriate support and capacity building to the institution of traditional leadership;

* the institution of traditional leadership must be transformed to be in harmony with the Constitution and the Bill of Rights so that—

- democratic governance and the values of an open and democratic society may be promoted; and

- gender equality within the institution of traditional leadership may progressively be advanced; and

* the institution of traditional Ieadership must—

- promote freedom, human dignity and the achievement of equality and non-sexism;

- derive its mandate and primary authority from applicable customary law and practices;

- strive to enhance tradition and culture;

- promote nation building and harmony and peace amongst people;

- promote the principles of co-operative governance in its interaction with all spheres of government and organs of state; and

- promote an efficient, effective and fair dispute-resolution system, and a fair system of administration of justice, as envisaged in applicable legislation,

BE IT THEREFORE ENACTED by the Parliament of the Republic of South Africa, as follows:—