THE ESTABLISHMENT OF KINGDOMS AND THE IDENTIFICATION OF KINGS AND QUEENS IN TERMS OF THE TRADITIONAL LEADERSHIP AND GOVERNANCE FRAMEWORK ACT 41 OF 2003

The Traditional Leadership and Governance Framework Act 41 of 2003 provides, amongst others matters, for the recognition of kings and queens and the establishment of a Commission on Traditional Leadership Disputes and Claims to decide on disputes and claims relating to traditional leadership, including kings and queens.
The author examines the criteria and procedure for the creation of kingdoms and for identifying the rightful incumbents. During the apartheid years the traditional leadership was manipulated for political purposes. The Act goes a long way towards restoring it to conform to precepts of customary law and custom. The author argues, in essence, that this is easier said than done. It would, he submits, be difficult to dismantle the apartheid structures. It would likewise be difficult to identify the rightful incumbents and to resolve new claims. He suggests that the relevant provisions of the Act be revised to provide more clarity on fundamental principles. PER/PELJ Vol. 3 2008: pp. 1-13

* the institution of traditional leadership 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:- 'king or queen' means a traditional leader-(a) under whose authority, or within whose area of jurisdiction, senior traditional leaders exercise authority in accordance with customary law; and (b) recognised as such in terms of this Act;

Sections
'kingship or queenship' means a kingship or queenship established in terms of section 2A; [Definition of 'kingship or queenship',previously 'kingship',substituted by s. 1 (b)  'principal traditional leader' means a traditional leader-(a) under whose authority, or within whose area of jurisdiction, senior traditional leaders exercise authority in accordance with customary law; (b) recognised as such in terms of section 10A; 'provincial house of traditional leaders' means a provincial house of traditional leaders envisaged in section 16 (a); 'regent' means any person who, in terms of customary law of the traditional community concerned, holds a traditional leadership position in a temporary capacity until a successor to that position who is a minor, is recognised as contemplated in section 13 (4); 'royal family' means the core customary institution or structure consisting of immediate relatives of the ruling family within a traditional community, who have been identified in terms of custom, and includes, where applicable, other family members who are close relatives of the ruling family; 'senior traditional leader' means a traditional leader of a specific traditional community who exercises authority over a number of headmen or headwomen in accordance with customary law, or within whose area of jurisdiction a number of headmen or headwomen exercise authority; 'senior traditional leadership' means the position held by a senior traditional leader; 'traditional community' means a traditional community recognised as such in terms of section 2; 'traditional council' means a council established in terms of section 3 and includes a traditional sub-council established in terms of section 4B; 'traditional leadership' means the customary institutions or structures, or customary systems or procedures of governance, recognised, utilised or practised by traditional communities; 'tribe' means a tribe that was established or recognised under legislation in force before the commencement of this Act.
(2) Nothing contained in this Act may be construed as precluding members of a traditional community from addressing a traditional leader by the traditional title accorded to him or her by custom, but such traditional title does not derogate from, or add anything to, the status, role and functions of a traditional leader as provided for in this Act.
(3) Traditional leaders may acknowledge or recognise the different levels of seniority among themselves in accordance with customs, and none of the definitions contained in subsection (1) must be construed as conferring, or detracting from, such seniority.

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.

2A Recognition of kingships or queenships
(1) Subject to subsection (2), a number of traditional communities that are grouped together may be recognised as a kingship or queenship if they-(a) are recognised as such in terms of applicable provincial legislation; (b) each have a recognised traditional council with a defined area of jurisdiction in terms of applicable provincial legislation; (c) each have a senior traditional leader recognised in terms of the applicable provincial legislation; (d) recognise a recognised senior traditional leader, who is of higher status than the other senior traditional leaders in terms of custom and customary law, as their king or queen; (e) recognise themselves as a distinct group of traditional communities separate from principal traditional communities and all other traditional communities; and (f) have a system of traditional leadership at a kingship or queenship level.
(2) The traditional communities applying for recognition as a kingship or queenship must have a proven history of existence, with a recognised senior traditional leader of higher status as a king or queen in terms of customary law of succession.
(3) (a) The President may, by notice in the Gazette, on the recommendation of the Minister and after consultation with the relevant Premier, the provincial house of traditional leaders in the relevant province, the national house of traditional leaders and the senior traditional leaders of traditional communities who fall under the kingship or queenship being applied for, recognise a kingship or queenship envisaged in subsections (1) and (2) as a kingship or queenship. (4) A kingship or queenship 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.
(5) The withdrawal of the recognition of a community as a kingship or queenship as provided for in this Act, may only be considered where- (b) the President, on good cause shown, determines that the withdrawal of such a kingship or queenship is necessary.
(6) The President may, before taking a decision in terms of subsection (5), cause an investigation to be conducted.
(7) The withdrawal of the recognition of a community as a kingship or queenship must be done by the President on the recommendation of the Minister after consultation with the kingship or queenship council, the Minister, the National House of Traditional Leaders, the relevant Premier and the provincial house of traditional leaders concerned.
(8) The withdrawal of a kingship or queenship must be done by way of a notice in the Gazette.

2B Recognition of principal traditional communities
(1) A number of traditional communities that are grouped together may be recognised as a principal traditional community if they-(a) are recognised as such in terms of applicable provincial legislation; (b) each have a recognised traditional council with a defined area of jurisdiction in terms of applicable provincial legislation; (c) each have a senior traditional leader recognised in terms of the applicable provincial legislation; (d) recognise a recognised senior traditional leader, who is of higher status than the other senior traditional leaders in terms of custom and customary law, as their principal traditional leader; (e) recognise themselves as a distinct group of traditional communities separate from kingships or queenships and all other traditional communities; and (f) have a system of traditional leadership at a principal traditional leadership level recognised by other traditional communities.
(2) The traditional communities applying for recognition as a principal traditional community must have a proven history of existence recognizing a senior traditional leader of higher status as a principal traditional leader in terms of customary law of succession.
(3) (a) The Premier may, by notice in the Provincial Gazette, after consultation with the provincial house of traditional leaders, and the senior traditional leaders who form part of the principal traditional community being applied for, recognise the traditional communities envisaged in subsections (1) and (2) as a principal traditional community. (ii) prescribe a fixed period within which the Member of the Executive Council responsible for traditional affairs must finalise the consultation regarding the recognition of a principal traditional community envisaged in subsections (1) and (2).
(4) A principal 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.
(5) The withdrawal of the recognition of a community as a principal traditional community as provided for in this Act, may only be considered where-(a) the majority of traditional communities under the jurisdiction of the principal traditional community concerned request the Premier that the recognition of their principal traditional community be withdrawn; and (b) the Premier, for good cause shown determines that the withdrawal of such a principal traditional community is necessary.
(6) The Premier may, before taking a decision in terms of subsection (5), cause an investigation to be conducted.
(7) The withdrawal of the recognition of a community as a principal traditional community must be done by the Premier after consultation with the provincial house of traditional leaders, and the senior traditional leaders who form part of the principal traditional community.
(8) The withdrawal of a principal traditional community must be done by way of a notice in the Provincial Gazette.

Establishment and recognition of traditional councils
(1) Once the Premier has recognised a traditional community, that traditional community must establish a traditional council in line with principles set out in provincial legislation.
(2) (a) A traditional council consists of the number of members determined by the Premier by formula published in the Provincial Gazette, after consultation with the provincial house, in accordance with the guidelines issued by the Minister by notice in the Gazette.
[Para.  (d) Where it has been proved that an insufficient number of women are available to participate in a traditional council, the Premier concerned may, in accordance with a procedure provided for in provincial legislation, determine a lower threshold for the particular traditional council than that required by paragraph (b).
(3) The Premier concerned must, by notice in the Provincial Gazette and in accordance with the relevant provincial legislation, recognise a traditional council for that traditional community within a defined area of jurisdiction.

3A Establishment and recognition of kingship or queenship councils
(1) Once the President has recognised a kingship or queenship, that kingship or queenship must, within one year of the recognition, establish a kingship or queenship council.
(2) (a) A kingship or queenship council consists of the number of members as determined by the Minister, after consultation with the kingship or queenship concerned, by formula published by notice in the Gazette.
(b) At least a third of the members of a kingship or queenship council must be women: Provided that where it has been proved that an insufficient number of women are available to participate in a kingship or queenship council, the Minister may determine a lower threshold for the particular kingship or queenship council than that contemplated in paragraph (a).
(c) The membership of a kingship or queenship council comprises-(i) 60% of traditional leaders, including the king or queen who is an ex officio member and chairperson, and members of the traditional community selected by the king or queen in terms of that community's customs, taking into account the need for overall compliance with paragraph (b); and (ii) 40% of members elected democratically, by an electoral college consisting of all senior traditional leaders who fall under the kingship or queenship.
(d) Each traditional community falling within the area of jurisdiction of the kingship or queenship concerned must in the prescribed manner, elect one person to serve as a member referred to in paragraph (d) (ii): Provided that where the number of persons so elected exceed the number of members contemplated in paragraph (d) (ii), the persons elected by the traditional communities must elect from amongst themselves the number of persons contemplated in paragraph (d) (ii).
(3) The term of office of the kingship or queenship council is five years and must be aligned to the term of the National House established by section 2 of the National House of Traditional Leaders Act, 2009.
(4) The Premier must, by notice in the Provincial Gazette and in accordance with this Act, recognise a kingship or queenship council for that kingship or queenship within a defined area of jurisdiction, whereafter the Premier must inform the President and the Minister of such establishment and recognition.
(5) The kingship or queenship council meets at the king's or queen's great place or at any other place to be determined by the king or queen.
(6) The quorum of the kingship or queenship council is the majority of the total number of the kingship or queenship council.
(7) The kingship or queenship council must elect one of its members as a deputy chairperson who will act as the chairperson in the absence of the king or queen.
(8) The kingship or queenship council must meet every two months: Provided that the king or queen may, in consultation with the Premier of the province concerned, call a special meeting of the kingship or queenship considers necessary.
(9) The king or queen must give notice of not less than seven days for holding a special meeting to members of the kingship or queenship council.
(10) A member of a kingship or queenship council vacates his or her office if-(a) he or she ceases to be a South African citizen; (b) he or she has been convicted of an offence and sentenced to imprisonment for more than 12 months without the option of a fine; (c) he or she tenders his or her resignation; (d) he or she becomes impaired to the extent that he or she is unable to carry out his or her duties as a member of the kingship or queenship council; (e) the period for which the member was selected or elected, as the case may be, has expired; or (f) he or she becomes disqualified in terms of subsection (14).
(11) If a member of a kingship or queenship council dies or vacates his or her office before the expiration of his or her term of office, such a vacancy must be filled in the manner envisaged in this Act within a reasonable period of the vacancy occurring.
(12) A member appointed to fill a vacancy in terms of subsection (11) holds office for the remainder of his or her predecessor's term of office.
(13) A vacancy arising at any time other than the close of a five-year cycle must be filled in the manner described in subsection (2) (d) (i) or (ii), as the case may be, within 14 days and 45 days, respectively.
(14) A person may not be appointed as a member of a kingship or queenship council if that person-(a) is not a South African citizen; (b) is under 18 years of age; (c) has been convicted of an offence in respect of which he or she was sentenced to imprisonment for more than 12 months without the option of a fine; (d) is an unrehabilitated insolvent or has entered into a compromise with his or her creditors; (e) is of unsound mind and has been so declared by a competent court; (f) is or becomes a member of a municipal council; (g) is elected as a member of a provincial legislature; (h) is elected as a member of the National Assembly; (i) is appointed as a permanent delegate in the National Council of Provinces; or

3B Establishment and recognition of principal traditional councils
(1) Once the Premier has recognised a principal traditional community, that principal traditional community must, within one year of the recognition, establish a principal traditional council.
(2) (a) A principal traditional council consists of the number of members as determined by the Premier, after consultation with the principal traditional community concerned, by formula published by notice in the Provincial Gazette.
(b) At least a third of the members of a principal traditional council must be women: Provided that where it has been proved that an insufficient number of women are available to participate in a principal traditional council, the Premier may determine a lower threshold for the particular principal traditional council than that required by paragraph (a).
(c) The membership of a principal traditional council comprises-(i) 60% of traditional leaders, including the principal traditional leader who is an ex officio member and chairperson, and members of the principal traditional council selected by the principal traditional leader in terms of that community's customs, taking into account the need for overall compliance with paragraph (b); and (ii) 40% of members elected democratically, by an electoral college consisting of all senior traditional leaders who fall under the principal traditional council.
(d) The members referred to in paragraph (c) (ii) are elected from amongst persons nominated by each of the traditional councils falling under the jurisdiction of the principal traditional community, with each traditional council nominating two candidates.
(3) The term of office of members of the principal traditional council is five years, and is aligned to the term of office for the National House of Traditional Leaders established in terms of the National House of Traditional Leaders Act, 2009, excluding the principal traditional leader.
(4) The Premier must, by notice in the Provincial Gazette and in accordance with this Act, recognise a principal traditional council for that principal traditional community within a defined area of jurisdiction.
(5) The principal traditional council meets at the principal traditional leader's great place or at any other place to be determined by the principal traditional leader.
(6) The quorum of the principal traditional council is the majority of the total number of members of the principal traditional council.
(7) The principal traditional council must elect one of its members as a deputy chairperson who will act as the chairperson in the absence of the principal traditional leader.
(8) The principal traditional council must meet every two months: Provided that the principal traditional leader may, in consultation with the Premier of the province concerned, call a special meeting of the principal traditional council as he or she considers necessary.
(9) The principal traditional leader must give notice of not less than 7 days for holding a special meeting to members of the principal traditional council.
(10) A member of a principal traditional council vacates his or her office if-(a) he or she ceases to be a South African citizen; (b) he or she has been convicted of an offence and sentenced to imprisonment for more than 12 months without the option of a fine; (c) he or she tenders his or her resignation; (d) he or she becomes impaired to the extent that he or she is unable to carry out his or her duties as a member of the principal traditional council; (e) the period for which the member was selected or elected, as the case may be, has expired; and (f) he or she becomes disqualified in terms of subsection (13).
(11) If a member of a principal traditional council dies or vacates his or her office before the expiration of his or her term of office, such a vacancy must be filled in the manner envisaged in this Act within a reasonable period of the vacancy occurring.
(12) A member appointed to fill a vacancy in terms of subsection (11) holds office for the remainder of his or her predecessor's term of office.
(13) A person may not be appointed as a member of a principal traditional council if that person- (c) has been convicted of an offence in respect of which he or she was sentenced to imprisonment for more than 12 months without the option of a fine; (d) is an unrehabilitated insolvent or has entered into a compromise with his or her creditors; (e) is of unsound mind and has been so declared by a competent court; (f) is or becomes a full-time member of a municipal council; (g) is elected as a member of a provincial legislature; (h) is elected as a member of the National Assembly; (i) is appointed as a permanent delegate in the National Council of Provinces; or

Functions of traditional councils
(1) A traditional council has the following functions: (a) Administering the affairs of the traditional community in accordance with customs and tradition; (b) assisting, supporting and guiding traditional leaders in the performance of their functions; (c) supporting municipalities in the identification of community needs; (d) facilitating the involvement of the traditional community in the development or amendment of the integrated development plan of a municipality in whose area that community resides; (e) recommending, after consultation with the relevant local and provincial houses of traditional leaders, appropriate interventions to government that will contribute to development and service delivery within the area of jurisdiction of the traditional council; (f) participating in the development of policy and legislation at local level; (g) participating in development programmes of municipalities and of the provincial and national spheres of government; (h) promoting the ideals of co-operative governance, integrated development planning, sustainable development and service delivery; (i) promoting indigenous knowledge systems for sustainable development and disaster management; (j) alerting any relevant municipality to any hazard or calamity that threatens the area of jurisdiction of the traditional council in question, or the well-being of people living in such area of jurisdiction, and contributing to disaster management in general; (k) sharing information and co-operating with other traditional councils; and (l) performing the functions conferred by customary law, customs and statutory law consistent with the Constitution.
(2) Applicable provincial legislation must regulate the performance of functions by a traditional council by at least requiring a traditional council to- (4) A traditional council and its resources may not be used to promote or prejudice the interest of any political party.

4A Functions of kingship or queenship councils
(1) A kingship or queenship council has the following functions: (a) Administering the affairs of the kingship or queenship in accordance with customs and tradition; (b) assisting, supporting and guiding senior traditional leaders and traditional councils falling within the jurisdiction of the kingship or queenship concerned in the performance of their functions; (c) assisting the king or queen in performing customary functions in relation to the recognition of senior traditional leaders, where applicable; (d) mediating in disputes between senior traditional leaderships falling within the jurisdiction of the kingship or queenship; (e) promoting unity between traditional communities falling under the jurisdiction of the kingship or queenship; and (f) assisting the king or queen in performing his or her roles and functions conferred upon him or her by the President in terms of the regulations issued under section 9 (5).
(2) A kingship or queenship council is required to-(a) keep proper records; (b) have its financial statements audited; (c) disclose the receipt of gifts; (d) adhere to the code of conduct contained in the applicable provincial legislation for all traditional leaders and traditional councils: Provided that where a member of a kingship or queenship council has to be disciplined for the breach of the code of conduct, the king or queen must inform the Premier of such fact and also of the outcome of the inquiry; and (e) advise and support all traditional councils falling under the authority of the king or queen.
(3) A kingship or queenship council and its resources may not be used to promote or prejudice the interest of any political party.
(4) Provincial legislation may provide for a relationship between kings or queens and provincial houses as contemplated in section 14 of the National House of Traditional Leaders Act, 2009.

4B Establishment and functions of traditional sub-councils
(1) (a) Despite the provisions of section 3, the Premier may, in cases where a traditional community occupies two or more geographical areas within a province, establish a traditional sub-council for that section of the community which is resident outside the area in which the great place is located.
(b) The traditional sub-council must consist of the number of members as determined by the Premier, after consultation with the main traditional council concerned, by formula published by notice in the Provincial Gazette.
(2) The Premier must, in the Provincial Gazette, recognise the traditional subcouncil as part of the main traditional council, and define the area of its jurisdiction.
(3) The provisions of section 3 (2) apply to the constitution and composition of the traditional sub-council.
(4) The chairperson of the traditional sub-council must be appointed by a senior traditional leader, in consultation with the royal family.
(5) A chairperson appointed in terms of subsection (4) must be a member of the main traditional council selected by the senior traditional leader in terms of section 3 (2) (c) (i).
(6) A traditional sub-council performs such functions listed in section 4 as may be delegated to it by the main traditional council.

4C Functions of principal traditional councils
The provisions of section 4A apply, with the necessary changes, to principal traditional councils.

Partnerships between district and local municipalities and kingship and queenship councils, principal traditional councils and traditional councils
(1) The national government and all provincial governments must promote partnerships between district municipalities and kingship or queenship councils and principal traditional councils through legislative or other measures.
(2) The national government and all provincial governments must promote partnerships between local municipalities and traditional councils through legislative or other measures.

Support to traditional councils, principal traditional councils and kingship or queenship councils
The national government and a provincial government may adopt such legislative or other measures as may be necessary to support and strengthen the capacity of traditional councils principal traditional councils and kingship or queenship councils within the province to fulfil their functions.

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.

Recognition of traditional leadership positions
The following leadership positions within the institution of traditional leadership are recognised:

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 ( (iii) the functions that will be performed by the king or queen.
[Para. (2) The recognition of a person as a king or a queen in terms of subsection (1) (b) must be done by way of- (3) Where there is evidence or an allegation that the identification of a person referred to in subsection (1) was not done in terms of customary law, customs or processes, the President on the recommendation of the Minister- (4) Where the matter that has been referred back to the royal family for recognition and resolution in terms of subsection (3) has been reconsidered and resolved, the President on the recommendation of the Minister 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. (1) A king or queen may be removed from office on the grounds of-(a) conviction of an offence with a sentence of imprisonment for more than 12 months without an option of a fine; (b) physical incapacity or mental infirmity which, based on acceptable medical evidence, makes it impossible for the king or queen to function as such; (c) wrongful appointment or recognition; or (d) a transgression of a customary rule or principle that warrants removal.
(2) Whenever any of the grounds referred to in subsection (1) (a), (b) and (d) come to the attention of the royal family and the royal family decides to remove a king or queen, the royal family must, within a reasonable time and through the relevant customary structure-(a) inform the President, the Premier of the province concerned and the Minister, of the particulars of the king or queen to be removed from office; (b) furnish reasons for such removal; and (c) give written confirmation to the President that the Premier of the province concerned and the Minister have been informed accordingly.
(3) Where it has been decided to remove a king or queen in terms of subsection (2), the President on the recommendation of the Minister must- (4) Where a king or queen is removed from office, a successor in line with customs may assume the position, role and responsibilities, subject to section 9.

10A Recognition of principal traditional leaders
(1) Whenever the position of a principal traditional leader 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 principal traditional leader to be filled, and with due regard to applicable customary law-(i) identify a person who qualifies in terms of custom and customary law to assume the position of principal traditional leader, after taking into account whether any of the grounds referred to in section 10B (1) (a), (b) and (d) apply to that person; and (ii) through the relevant customary structure-(aa) inform the Premier of the province, of the particulars of the person so identified to fill the position of a principal traditional leader; and (bb) provide the Premier with the reasons for the identification of that person as a principal traditional leader.
(b) The Premier must, in accordance with provincial legislation and subject to subsections (2) and (3), recognise a person so identified in terms of paragraph (a) (i) as a principal traditional leader, taking into account-(i) the need to establish uniformity in the Republic in respect of the status afforded to a principal traditional leader; (ii) whether a recognised principal traditional community exists-(aa) that comprises the areas of jurisdiction of a substantial number of senior traditional leaders that fall under the authority of principal traditional leader; (bb) in terms of which the principal traditional leader 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 principal traditional leader has a customary structure to represent the traditional councils and senior traditional leaders that fall under the authority of the principal traditional leader; and (iii) the functions that will be performed by the principal traditional leader.
(2) A principal traditional leader to be recognised in terms of subsection (1) must be [a] senior traditional leader of a specific traditional community who exercises authority over a number of senior traditional leaders in accordance with custom and customary law.
(3) The provincial legislation referred to in subsection (1) (b) must at least provide for-

10B Removal of principal traditional leaders
(1) A principal traditional leader may be removed from office on the grounds of-(a) conviction of an offence with a sentence of imprisonment for more than 12 months without an option of a fine; (b) physical incapacity or mental infirmity which, based on acceptable medical evidence, makes it impossible for the principal traditional leader to function as such; (c) wrongful appointment or recognition; or (d) a transgression of a customary rule or principle that warrants removal.
(2) Whenever any of the grounds referred to in subsection (1) (a), (b) and (d) come to the attention of the royal family and the royal family decides to remove a principal traditional leader, the royal family must, within a reasonable time and through the relevant customary structure-(a) inform the Premier of the province concerned, of the particulars of the principal traditional leader to be removed from office; and (b) furnish reasons for such removal.
(3) Where it has been decided to remove a principal traditional leader in terms of subsection (2), the Premier must-(a) withdraw the certificate of recognition with effect from the date of removal; (b) publish a notice with particulars of the removed principal traditional leader in the Provincial Gazette; and (c) inform the royal family concerned, and the provincial traditional leader of such removal.
(4) Where a principal traditional leader is removed from office, a successor may be recognized subject to section 10A.
(5) 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 Premier- (c) must refer the matter back to the royal family for reconsideration and resolution where the certificate of recognition has been refused.
(6) 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 Premier must recognise the person identified by the royal family if the Premier is satisfied that the reconsideration and resolution by the royal family has been done in accordance with customary law.

Recognition of senior traditional leaders, headmen or headwomen
(1) Whenever the position of senior traditional leader, headman or headwoman is to be filled-(a) the royal family concerned must, within a reasonable time after the need arises for any of those positions 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 in question, after taking into account whether any of the grounds referred to in section 12 (1) (a), (b) and (d) apply to that person; and (ii) through the relevant customary structure, inform the Premier of the province concerned of the particulars of the person so identified to fill the position and of the reasons for the identification of that person; and (b) the Premier concerned must, subject to subsection (3), recognise the person so identified by the royal family in accordance with provincial legislation as senior traditional leader, headman or headwoman, as the case may be.
(2) (a) The provincial legislation referred to in subsection (1) (b) must at least provide for-(i) a notice in the Provincial Gazette recognising the person identified as senior traditional leader, headman or headwoman in terms of subsection (1); (ii) a certificate of recognition to be issued to the identified person; and (iii) the relevant provincial house of traditional leaders to be informed of the recognition of a senior traditional leader, headman or headwoman.
(b) Provincial legislation may also provide for-(i) the election or appointment of a headman or headwoman in terms of customary law and customs; and (ii) consultation by the Premier with the traditional council concerned where the position of a senior traditional leader, headman or headwoman is to be filled.
(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 Premier- (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 Premier must recognise the person identified by the royal family if the Premier is satisfied that the reconsideration and resolution by the royal family has been done in accordance with customary law.

Removal of senior traditional leaders, headmen or headwomen
(1) A senior traditional leader, headman or headwoman may be removed from office on the grounds of-(a) conviction of an offence with a sentence of imprisonment for more than 12 months without an option of a fine; (b) physical incapacity or mental infirmity which, based on acceptable medical evidence, makes it impossible for that senior traditional leader, headman or headwoman to function as such; (c) wrongful appointment or recognition; or (d) a transgression of a customary rule or principle that warrants removal.
(2) Whenever any of the grounds referred to in subsection (1) (a), (b) and (d) come to the attention of the royal family and the royal family decides to remove a senior traditional leader, headman or headwoman, the royal family concerned must, within a reasonable time and through the relevant customary structure-(a) inform the Premier of the province concerned of the particulars of the senior traditional leader, headman or headwoman to be removed from office; and (b) furnish reasons for such removal.
(3) Where it has been decided to remove a senior traditional leader, headman or headwoman in terms of subsection (2), the Premier of the province concerned must, in terms of applicable provincial legislation-(a) withdraw the certificate of recognition with effect from the date of removal; (b) publish a notice with particulars of the removed senior traditional leader, headman or headwoman in the Provincial Gazette; and (c) inform the royal family concerned, the removed senior traditional leader, headman or headwoman, and the provincial house of traditional leaders concerned, of such removal.
(4) Where a senior traditional leader, headman or headwoman is removed from office, a successor in line with customs may assume the position, role and responsibilities, subject to section 11.

Recognition of regents
(1) Where the successor to the position of king, queen, principal traditional leader, senior traditional leader, headman or headwoman identified in terms of section 9, 9A or 11 is still regarded as a minor in terms of applicable customary law or customs-(a) the royal family concerned must, within a reasonable time-(i) identify a regent to assume leadership on behalf of the minor; and (ii) through the relevant customary structure, inform the Premier of the province concerned of the particulars of the person identified as regent and the reasons for the identification of that person; and (b) the Premier concerned must, with due regard to applicable customary law or customs, and subject to subsections (2) and (3), recognise the regent identified by the royal family in accordance with provincial legislation.
[Sub-s. (1) amended by s. 14 (a) of Act 23 of 2009.] (2) The provincial legislation referred to in subsection (1) (b) must at least provide for-(a) a notice in the Provincial Gazette recognising the person identified as regent in terms of subsection (1); (b) a certificate of recognition to be issued to the identified regent; (c) the recognition of a regent to be reviewed by the Premier at least every three years; and (d) the relevant provincial house of traditional leaders to be informed of the recognition of a regent.
(3) Where there is evidence or an allegation that the identification of a person as regent was not done in accordance with customary law, customs or processes, the Premier- (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 Premier must recognise the person identified by the royal family if the Premier is satisfied that the reconsideration and resolution by the royal family have been done in accordance with customary law.
(5) As soon as the successor to the position of king, queen, principal traditional leader, senior traditional leader, headman or headwoman ceases to be a minor in terms of customary law, the regent recognised in terms of subsection (1) must relinquish his or her position as regent, and the rightful successor must-(a) in the case of a king or queen, be recognised by the President on the recommendation of the Minister in terms of section 9 (1) (b), and a certificate of recognition contemplated in section 9 (2) (b) must be issued after his or her name has been published in the Gazette; or (b) in the case of a principal traditional leader or senior traditional leaders, headman or headwoman, be recognised by the Premier in terms of section 9A or 11 (1) (b), and a certificate of recognition contemplated in section 9A (6) or 11 (2) (a) (ii) must be issued after his or her name has been published in the Provincial Gazette. [Para.

Persons acting as traditional leader
(1) A royal family must, in accordance with provincial legislation, identify a suitable person to act as a king, queen, principal traditional leader, senior traditional leader, headman or headwoman, as the case may be, where-(a) a successor to the position of a king, queen, principal traditional leader, senior traditional leader, headman or headwoman has not been identified by the royal family concerned in terms of section 9 (1), 9A (1) or 11 (1); (b) the identification of a successor to the position of a king, queen, principal traditional leader, senior traditional leader, headman or headwoman is being reconsidered and resolved in terms of section 9 (3), 9A (3) or 11 (3); or (c) a king, queen, principal traditional leader, senior traditional leader, headman or headwoman, as the case may be, would be absent from his or her area of jurisdiction under circumstances other than those provided for in section 15 and for a period of more than six months for-(i) the treatment of illness; (ii) study purposes; or (iii) any other lawful purpose. (2) An acting appointment in terms of subsection (1) must be made in accordance with provincial legislation, which legislation must at least provide for-(a) a certificate of appointment in an acting position to be issued by an appropriate authority; (b) a review of the acting appointment on a regular basis; (c) the removal of a person who has been appointed in an acting position; and (d) the relevant provincial house of traditional leaders to be informed of such an acting appointment.
(3) A person who has been identified as an acting king, queen, principal traditional leader, senior traditional leader, headman or headwoman in terms of subsection (1) may perform the functions that are attached to the kingship, queenship, principal traditional leadership, senior traditional leadership or headmanship in question.
[Sub-s. (4) Where a person has been identified as an acting king or queen, principal traditional leader, the authority referred to in subsection (2) (a) must inform the President, Minister and Premier of-

Deputy traditional leaders
(1) A king, queen, principal traditional leader, senior traditional leader, headman or headwoman, as the case may be, may, after consultation with the royal family, appoint a deputy to act in his or her stead whenever that king, queen, principal traditional leader, senior traditional leader, headman or headwoman-(a) becomes a full-time member of a municipal council; (b) is elected as a member of a provincial legislature; (c) is elected as a member of the National Assembly; (2) An appointment in terms of subsection (1) must be made in accordance with provincial legislation, which legislation must at least provide for-(a) the removal of a person who has been appointed as a deputy; (b) a certificate of appointment to be issued to a deputy by an appropriate authority; and (c) the relevant provincial house of traditional leaders to be informed of such an appointment.
(3) A person who has been appointed as a deputy in terms of subsection (1) may perform the functions that are attached to the kingship or queenship or principal traditional leadership, senior traditional leadership or headmanship in question.
[Sub-s. (4) Where a king or queen or a principal traditional leader, has appointed a deputy in terms of subsection (1), the king or queen or principal traditional leader must inform the President, Minister or Premier of such appointment. (2) A house of traditional leaders and its resources may not be used to promote or prejudice the interest of any political party.
(3) Provincial legislation must provide for-

Local houses of traditional leaders
(1) (a) A local house of traditional leaders must be established for a term of office of five years aligned to the term of office of the National House of Traditional Leaders in accordance with provincial legislation for the area of jurisdiction of a district municipality or metropolitan municipality where more than one traditional council exists in that district municipality or metropolitan municipality.
[Sub-s. (1) substituted by s. 18 (a) of Act 23 of 2009.] (b) The electoral college mentioned in subsection (2) (b) must ensure that members of a local house of traditional leaders are broadly representative of the different traditional leadership positions and also of the areas falling within the district municipality or metropolitan municipality in question.
(2) (a) The number of members of a local house of traditional leaders may not be less than 5 and may not be more than 10, or such other higher number not exceeding 20 as may be determined by the Minister where there are more than 35 traditional councils within the area of jurisdiction of a district municipality or metropolitan municipality.
(b)(i) Only persons recognised as traditional leaders excluding kings and queens and principal traditional leaders must be elected as members of a local house of traditional leaders.
(ii) Members of a local house are elected by an electoral college consisting of all kings or queens, principal traditional leader [sic] or their representatives, and senior traditional leaders residing within the district municipality or metropolitan municipality in question.
[Para. (c) The electoral college referred to in paragraph (b) must seek to elect a sufficient number of women to make the local house of traditional leaders representative of the traditional leaders within the area of jurisdiction in question.