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

Chapter 1 : Interpretation and Application

1. Definitions and application

 

 

(1) In this Act, unless the context indicates otherwise—

 

“area of jurisdiction”

means the area of jurisdiction designated for a traditional community and traditional council that have been recognised as provided for in sections 2 and 3;

 

“code of conduct”

means the code of conduct contained in the Schedule, and includes in respect of a particular province, a provincial code of conduct envisaged in section 27, if in existence;

 

“Commission”

means the commission established by section 22;

 

“customary institution or structure”

means those institutions or structures established in terms of customary law;

 

“district municipality”

means a district municipality as defined in section 1 of the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998);

 

“headman or headwoman”

means a traditional leader who—

(a) is under the authority of, or exercises authority within the area of jurisdiction of, a senior traditional leader in accordance with customary law; and
(b) is recognised as such in terms of this Act;

 

“headmanship”

means the position held by a headman or headwoman;

 

“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;

 

“kingship”

means the position held by a king or queen;

 

“local house of traditional leaders”

means a local house of traditional leaders provided for in section 16(b);

 

“metropolitan municipality”

means a metropolitan municipality as defined in section 1 of the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998);

 

“Minister”

means the national Minister responsible for traditional leadership matters;

 

“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;

 

“traditional leader”

means any person who, in terms of customary law of the traditional community concerned, holds a traditional leadership position, and is recognised in terms of this Act;

 

“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 traditi0na.l 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.