Special Investigating Units and Special Tribunals Act, 1996
R 385
Traditional Leadership and Governance Framework Act, 2003 (Act No. 41 of 2003)Chapter 2 : Traditional Communities and Traditional Councils4. Functions of traditional councils |
| (1) | A traditional council has the following functions: |
| (a) | Administering the affairs of the traditional community in accordance with customs and tradition; |
| (b) | assisting, supporting and guiding traditional leaders in the performance of their functions; |
| (c) | supporting municipalities in the identification of community needs; |
| (d) | facilitating tine involvement of the traditional community in the development or amendment of the integrated development plan of a municipality in whose area that community resides; |
| (e) | recommending, after consultation with the relevant local and provincial houses of traditional leaders, appropriate interventions to government that will contribute to development and service delivery within the area of jurisdiction of the traditional council; |
| (f) | participating in the development of policy and legislation at local level; |
| (g) | participating in development programmes of municipalities and of the provincial and national spheres of government; |
| (h) | promoting the ideals of co-operative governance, integrated development planning, sustainable development and service delivery; |
| (i) | promoting indigenous knowledge systems for sustainable development and disaster management; |
| (j) | alerting any relevant municipality to any hazard or calamity that threatens the area of jurisdiction of the traditional council in question, or the well-being of people living in such area of jurisdiction, and contributing to disaster management in general; |
| (k) | sharing information and co-operating with other traditional councils; and |
| (l) | performing the functions conferred by custommary law, customs and statutory law consistent with the Constitution. |
| (2) | Applicable provincial legislation must regulate the performance of functions by a traditional council by at least requiring a traditional council to— |
| (a) | keep proper records; |
| (b) | have its financial statements audited; |
| (c) | disclose the receipt of gifts; and |
| (d) | adhere to the code of conduct. |
| (3) | A traditional council must— |
| (a) | co-operate with any relevant ward committee established in terms of section 73 of the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998); and |
| (b) | meet at least once a year with its traditional community to give account of the activities and finances of the traditional council and levies received by the traditional council. |
| (4) | A traditional council and its resources may not be used to promote or prejudice the interest of any political party. |
