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

Chapter 3 : Leadership Positions within Institution of Traditional Leadership

Part 2 : Kings and queens

10. Removal of kings or queens

 

 

(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 must —
(a) withdraw the certificate of recognition with effect from the date of removal;
(b) publish a notice with particulars of the removed king or queen in the Gazette; and
(c) inform the royal family concerned, and the removed king or queen of such removal.

 

(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.