Mandating Procedures of Provinces Act, 2008
R 385
Traditional Leadership and Governance Framework Act, 2003 (Act No. 41 of 2003)Chapter 5 : Roles and Functions of Traditional Leadership20. Guiding principles for allocation of roles and functions |
| (1) | National government or a provincial government, as the case may be, may, through legislative or other measures, provide a role for traditional councils or traditional leaders in respect of— |
| (a) | arts and culture; |
| (b) | land administration; |
| (c) | agriculture; |
| (d) | health; |
| (e) | welfare; |
| (f) | the administration of justice; |
| (g) | safety and security; |
| (h) | the registration of births, deaths and customary marriages; |
| (i) | economic development; |
| (j) | environment; |
| (k) | tourism; |
| (l) | disaster management; |
| (m) | the management of natural resources; and |
| (n) | the dissemination of information relating to government policies and programmes. |
| (2) | Whenever an organ of state within the national government or a provincial government considers allocating a role for traditional councils or traditional leaders in terms of subsection (1), that organ of state must— |
| (a) | seek the concurrence of— |
| (i) | the Minister if it is an organ of state in the national sphere of government; or |
| (ii) | the Member of the Executive Council responsible for traditional affairs in the province concerned if it is an organ of state of that province; |
| (b) | consult with— |
| (i) | the relevant structures of traditional leadership; and |
| (ii) | the South African Local Government Association; |
| (c) | ensure that the allocation of a role or function is consistent with the Constitution and applicable legislation; |
| (d) | take the customary law and customs of the respective traditional communities into account; |
| (e) | strive to ensure that the allocation of a role or function is accompanied by resources and that appropriate measures for accounting for such resources are put in place; |
| (f) | ensure, to the extent that it is possible, that the allocation of roles or functions is implemented uniformly in areas where the institution of traditional leadership exists; and |
| (g) | promote the ideals of co-operative governance, integrated development planning, sustainable development and service delivery through the allocation of roles and functions. |
| (3) | Where an organ of state has allocated a role or function to traditional councils or traditional leaders as envisaged by subsection (1), the organ of state must monitor the implementation of the function and ensure that— |
| (a) | the implementation of the function is consistent with the Constitution; and |
| (b) | the function is being performed. |
| (4) | Where a traditional council does not perform an allocated function as envisaged in subsection (3), any resources given to a traditional council to perform that function may be withdrawn. |
