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- Traditional Leaders, Chapter 12
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Chapter 12
Traditional leaders (ss 211-212)
- Recognition
- The institution, status and role of traditional leadership, according to customary law, are recognised, subject to the Constitution.
- A traditional authority that observes a system of customary law may function subject to any applicable legislation and customs, which includes amendments to, or repeal of, that legislation or those customs.
- The courts must apply customary law when that law is applicable, subject to the Constitution and any legislation that specifically deals with customary law.
- Role of traditional leaders
- National legislation may provide for a role for traditional leadership as an institution at local level on matters affecting local communities.
- To deal with matters relating to traditional leadership, the role of traditional leaders, customary law and the customs of communities observing a system of customary law-
- national or provincial legislation may provide for the establishment of houses of traditional leaders; and
- national legislation may establish a council of traditional leaders.
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