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

Chapter 2 : Traditional Communities and Traditional Councils

3. Establishment and recognition of traditional councils

 

 

(1) Once the Premier has recognised a traditional community, that traditional community must establish a traditional council in line with principles set out in provincial legislation.

 

(2)
(a) A traditional council may have no more than 30 members, depending on the needs of the traditional community concerned.
(b) At least a third of them embers of a traditional council must be women.
(c) The members of a traditional council must comprise—
(i) traditional leaders and members of the traditional community selected by the senior traditional leader concerned in terms of that community's customs, taking into account the need for overall compliance with paragraph (b); and
(ii) other members of the traditional community who are democratically elected for a term of five years, and who must constitute 40% of the members of the traditional council.
(d) Where it has been proved that an insufficient number of women are available to participate in a traditional council, the Premier concerned may, in accordance with a procedure provided for in provincial legislation, determine a lower threshold for the particular traditional council than that required by paragraph (b).

 

(3) The Premier concerned must, by notice in the Provincial Gazette and in accordance with the relevant provincial legislation, recognise a traditional council for that traditional community within a defined area of jurisdiction.