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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 4 : General provisions regarding traditional leaders

14. Persons acting as traditional leader

 

 

(1) A royal family may, in accordance with provincial legislation, identify a suitable person to act as a king, queen, senior traditional leader, headman or headwoman, as the case may be, where—
(a) a success or to the position of a king, queen, senior traditional leader, headman or headwoman has not been identified by the royal family concerned in terms of section 9(1) or 11(1);
(b) the identification of a successor to the position of a king, queen, senior traditional leader, headman or headwoman is being reconsidered and resolved in terms of section 9(3) or 11(3);
(c) a king, queen, senior traditional leader, headman or headwoman, as the case may be, would be absent from his or her area of jurisdiction under circumstances other than those provided for in section 5 and for a period of more than six months for—
(i) the treatment of illness;
(ii) study purposes; or
(iii) any other lawful purpose.

 

(2) An acting appointment in term of subsection (1) must be made in accordance with provincial legislation, which legislation must at least provide for—
(a) a certificate of appointment in an acting position to be issued by an appropriate authority;
(b) a review of the acting appointment on a regular basis;
(c) the removal of a person who has been appointed in an acting position; and
(d) the relevant provincial house of traditional leaders to be informed of such an acting appointment.

 

(3) A person who has been appointed as an acting king, queen, senior traditional leader, headman or headwoman in terms of subsection (1) may perform the functions that are attached to the kingship, senior traditional leadership or headmanship in question.

 

(4) Where a person has been appointed as an acting king or queen, the authority referred to in subsection (2)(a) must inform the President of;
(a) the acting appointment; and
(b) the removal of the person who has been appointed as an acting king or queen.