Chapter 12: Traditional Leaders (ss 211–212)
- The institution, status and role of traditional leadership, according to customary law, are recognised, subject to the Constitution.
- A traditional authority that observes a system of customary law may function subject to any applicable legislation and customs, which includes amendments to, or repeal of, that legislation or those customs.
- The courts must apply customary law when that law is applicable, subject to the Constitution and any legislation that specifically deals with customary law.
212. Role of traditional leaders
- National legislation may provide for a role for traditional leadership as an institution at local level on matters affecting local communities.
- To deal with matters relating to traditional leadership, the role of traditional leaders, customary law and the customs of communities observing a system of customary law—
- national or provincial legislation may provide for the establishment of houses of traditional leaders; and
- national legislation may establish a council of traditional leaders.