WHEREAS the Constitution of the Republic of South Africa, 1996, recognises the institution, status and role of traditional leadership according to custom and customary law;

AND WHEREAS the Constitution of the Republic of South Africa, 1996, provides that national or provincial legislation may provide for the establishment of houses of traditional leaders 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;

AND WHEREAS the Constitution of the Republic of South Africa Act, 1993 (Act No. 200 of 1993), for the first time in the history of South Africa, provided for the enactment of the Council of Traditional Leaders Act, 1994 (Act No. 31 of 1994), which was repealed in 1997 and replaced by the National House of Traditional Leaders Act, 2000 (Act No. 20 of 2000);

AND WHEREAS from 1994, provinces passed provincial legislation providing for the establishment of provincial houses of traditional leadership;

AND WHEREAS in 2003 the government adopted the White Paper on Traditional Leadership and Governance which provides for another layer of houses of traditional leadership at a district municipal level;

AND WHEREAS the vision of government enunciated in the 2003 White Paper on Traditional Leadership and Governance necessitates the alignment of legislation establishing the National House of Traditional Leaders with the principles of non-sexism, co-operative governance between the houses, nation building, unity and peace among the houses and traditional communities as well as enhancing traditions and culture,

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