Employment of Educators Act, 1998
R 385
Traditional Leadership and Governance Framework Act, 2003 (Act No. 41 of 2003)Chapter 3 : Leadership Positions within Institution of Traditional LeadershipPart 3 : Senior traditional leaders, headmen and headwomen12. Removal of senior traditional leaders, headmen and headwomen |
(1) | A senior traditional leader, headman or headwoman 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 that senior traditional leader, headman or headwoman 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 senior traditional leader, headman or headwoman, the royal family concerned must, within a reasonable time and through the relevant customary structure— |
(a) | inform the Premier of the province concerned of the particulars of the senior traditional leader, headman or headwoman to be removed from office; and |
(b) | furnish reasons for such removal. |
(3) | Where it has been decided to remove a senior traditional leader, headman or headwoman in terms of subsection (2), the Premier of the province concerned must, in terms of applicable provincial legislation— |
(a) | withdraw the certificate of recognition with effect from the date of removal; |
(b) | publish a notice with particulars of the removed senior traditional leader, headman or headwoman in the Provincial Gazette; and |
(c) | inform the royal family concerned. the removed senior traditional leader, headman or headwoman, and the provincial house of traditional leaders concerned, of such removal. |
(4) | Where a senior traditional leader, headman or headwoman is removed from office, a successor in line with customs may assume the position, role and responsibilities, subject to section 11. |