Eastern Cape Traditional Leadership and Governance Act, 2017
Act 1 of 2017
- Published in Eastern Cape Provincial Gazette 3835 on 1 May 2017
- Assented to on 5 April 2017
- Commenced on 15 June 2017 by Eastern Cape Traditional Leadership and Governance Act, 2017: Commencement
- [This is the version of this document from 1 May 2017 and includes any amendments published up to 28 April 2023.]
Definitions, application and interpretation of Act, guiding principles and transformation of traditional authorities into traditional councils and areas of jurisdiction
1. DefinitionsIn this Act, unless the context indicates otherwise—“administrative area” means an area of jurisdictionunder the authority of headmanship or headwomanship and within the jurisdictional area of a senior traditional leaderin accordance with customary law;“area of jurisdiction” means the area of jurisdiction defined for a kingship or queenship council, principal traditional council, traditional counciland district or metropolitan municipality;“chairperson” means a chairperson, or a deputy chairperson elected or designated in terms of section 9, 56 and 76, and includes an acting chairperson;“Chief Magistrate” means a Chief Magistrate appointed in terms of the Magistrate Courts Act, 1944 (Act No. 32 of 1944), and “Magistrate” has a corresponding meaning;“code of conduct” means the code of conduct contained in Schedule 1;“Commission” means the Commission established in terms of section 22 of the Traditional Leadership and Governance Framework Act, 2003 (Act No. 41 of 2003) as amended;"Constitution" means the Constitution of the Republic of South Africa, (1996);“customary institution or structure” means those institutions or structures established in terms of customary law;“Department” means the Department responsible for Traditional Affairs in the Province;“district municipality” means a district municipality as defined in the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998);“executive committee” means an executive committee established in terms of section 56 or section 76 of this Act;“Framework Act” means the Traditional Leadership and Governance Framework Act, 2003 (Act No. 41 of 2003);“Head of Department” means the Head of the Departmentresponsible for Traditional Affairs in the Province;“headman or headwoman” means a traditional leaderwho—(a)is under the authority of, or exercises authority within, the area of jurisdictionof a senior traditional leaderin accordance with customary law, and(b)is recognised as such in terms of section 23 of this Act;“kingship or queenship” means a kingship or queenship established in terms of section 2A of the Traditional Leadership and Governance Framework Act, 2003 (Act No. 41 of 2003);“kingship or queenship council” means a councilestablished in terms of section 2B of the Traditional Leadership and Governance Framework Act, 2003 (Act No. 41 of 2003);“Legislature” means the Legislature of the Provinceas defined in the Constitution;“local house” means a local house of traditional leaders established in terms of section 48 of this Act;“MEC” means the Member of the Executive Council responsible for Traditional Affairs in the Province;“Minister” means the Minister responsible for traditional leadershipmatters;“Premier” means the Premier of the Province;“prescribed” means prescribed by the Premierby regulation in the Provincial Gazette;“President” means the President of the Republic of South Africa;“principal traditional council” means a councilestablished in terms of section 16 of this Act;“principal traditional leader” means a person who has been recognised in terms of section 22 of this Act;“Province” means the Province of the Eastern Cape established by section 103 of the Constitution;“Provincial Gazette” means the Provincial Gazette of the Province;“Provincial Government” means the government of the Provinceof the Eastern Cape;“Provincial House” means the House of Traditional Leaders established in terms of section 66 of this Act;“regent” means any person who, in terms of customary law of the relevant traditional community, holds a traditional leadershipposition in a temporary capacity until a successor to that position who is a minor, is recognised as contemplated in section 25 of this Act;“royal family” means the core customary institution or structureconsisting of immediate relatives of the ruling family within a traditional community, who have been identified in terms of custom, and includes, where applicable, other family members who are close relatives of the ruling family;“this Act” includes the regulations made in terms of this Act;“traditional community” means a traditional community recognised as such in terms of section 2 of the Framework Act;“traditional council” means a councilestablished in terms of section 6;“traditional leader” means any person who, in terms of customary law of the relevant traditional community, holds a traditional leadershipposition, and is recognised in terms of the Framework Act, and this Act; and“traditional leadership” means the customary institution or structure, or customary system or procedures of governance recognised, utilized or practiced by traditional communities.
2. Interpretation of the Act
3. Guiding Principles
Principal traditional leaders, traditional communities, principal traditional councils and traditional councils
4. Recognition of traditional communities
5. Withdrawal of recognition of traditional community
6. Establishment and recognition of traditional councils
7. Term of office for members of traditional council and oath of office
8. Functions of traditional council
9. Designation of chairperson
10. Disqualification as a member of a traditional council
11. Vacation of seats and the filling of vacancies of traditional council
12. Meetings of traditional councils
13. Minutes of meetings
14. Staff of traditional council
15. Admission of individual into existing traditional communities
16. Establishment and recognition of principal traditional councils
17. Functions of principal traditional councils
18. Meetings of traditional leaders
Partnership and governance
19. Partnership between municipalities and traditional leadership institutions
20. Support and capacity development of king or queen's councils, principal traditional councils and traditional councils
Traditional leadership positions
21. Recognition of traditional leadership positionsThe following traditional leadership positions are recognised—
22. Recognition of principal traditional leader
23. Recognition of a traditional leader
24. Removal of a traditional leader
25. Recognition of regent
26. Person acting as king or queen, principal traditional leader, senior traditional leader or headman or headwoman
27. Deputy traditional leader
28. Support to kingship or queenship councils, principal traditional councils and traditional councilsThe Provincial Government may adopt measures as may be necessary to support and strengthen the capacity of kingship's or queenship's councils, principal traditional councils and traditional councils within the Province to fulfil their functions.
Roles and functions of royal family and traditional leaders
29. Roles and functions of a royal family
30. Roles and functions of traditional leader
31. Enquiry into misconduct
32. Suspension of a traditional leader
33. Powers of the Premier to engage traditional leaders
34. Absence of a traditional leader
Consideration of the recommendation of the Provincial Committee on claims and disputes and dispute resolution procedures
35. Consideration of the recommendation of the Provincial Committee by the Premier
36. Dispute resolution procedure
Condition of service
37. Allowance for members of traditional councils
38. Code of conductThe code of conduct contained in Schedule 1 applies to all traditional leaders and members of the houses of traditional leaders and traditional councils in the Province.
39. FundingThe money required for the performance of the roles and functions of traditional leaders and institutions in terms of this Act may be paid out of the funds appropriated by the Provincial Legislature for this purpose.
40. Funds for traditional councils
41. LeviesA traditional council must not impose any levy on any member of the traditional community or on any section of the traditional community.
42. Voluntary contributions
43. Opening of accounts for finances of traditional councils
44. Financial controlThe Public Finance Management Act, 1999 (Act No. 1 of 1999), applies to the management of all funds of a traditional council.
45. Accounting officer for finances of traditional councilThe Head of Department is the accounting officer for the funds of traditional councils in terms of the Public Finance Management Act, 1999 (Act No. 1 of 1999).
46. Financial reportsA traditional council must, within ten days after the end of each quarter, submit to the Department financial reports in terms of the Public Finance Management Act, 1999 (Act No. 1 of 1999).
47. Keeping records
48. Establishment of local houses of traditional leaders
49. Seat and meetings of local houses
50. Qualification for membership of a local houseSubject to section 51 (2) (a) and (b), only persons recognised as traditional leaders in terms of this Act are eligible to become members of a local house.
51. Membership and composition of a local house
52. Disqualification for membership of the local houseA person is disqualified to be a member of a local house if he or she—
53. Vacation of seatsThe seat of a member becomes vacant—
54. Filling of vacancies
55. Functions of a local house
56. Chairperson and deputy chairperson
57. Election of representatives to the Provincial House
58. Rules and orders of local housesA local house must make rules and orders in connection with the conduct of its business and proceedings, including rules and orders regulating—
59. Quorum and decisions of a local houseThe presence of at least half of the total membership other than the chairperson or other presiding member is necessary to constitute a quorum of a meeting of a local house.
60. Requisite majorities
61. Allowance for members of local housesA member of a local house may be paid such allowances as may be determined by the Premier in consultation with the MEC for Finance, or as determined in terms of the Remuneration of Public Office Bearers Act, 1998 (Act No. 20 of 1998).
62. Administration of local houses
63. Responsibilities and accountability of a local houseA local house must—
64. Dissolution of a local house
65. Oath or confirmation by chairperson and deputy chairperson and members of local housesThe members of a local house must, before assuming the functions of a local house, take an oath or solemn affirmation before a Magistrate.
Provincial House of Traditional Leaders
66. Eastern Cape Provincial House of Traditional LeadersThere is hereby established a provincial house of traditional leaders to be known as the Eastern Cape Provincial House of Traditional Leaders.
67. Seat and meetings of the Provincial House
68. Membership and composition of the Provincial House
69. Dissolution of the Provincial HouseSection 64 applies with the necessary changes to the dissolution of the Provincial House.
70. Oath or affirmation by the chairperson, deputy chairperson and members of the Provincial HouseThe members of the Provincial House must, before assuming their functions in the Provincial House, take an oath or solemn affirmation as prescribed, before a Judge President of the Province or any designated Judge.
71. Qualification for membership of the Provincial HouseA person is eligible to be elected as member of a Provincial House if he or she is—
72. Disqualification for membership of a Provincial HouseThe provision of section 53 applies, with the necessary changes to members disqualified to be a member of a Provincial House.
73. Vacation of seatsThe seat of a member of the Provincial House shall become vacant—
74. Filling of vacanciesSection 54 applies, with the necessary changes, to the filling of vacancies in the Provincial House.
75. Powers and duties of the Provincial House
76. Chairperson and deputy chairperson
77. Election of representatives to the National House
78. Rules and ordersThe Provincial House may, subject to the provisions of this Act, make rules and orders for the conduct of its business and proceedings, including rules and orders regulating—
79. Quorum and decisionsThe presence of at least one third, or when a vote is taken on a Bill, of at least half, of all the members other than the chairperson or other presiding member is necessary to constitute a meeting of the Provincial House.
80. Requisite majorities
81. Moneys payable to membersThe remuneration and benefits of members of the Provincial House are determined in terms of the Remuneration of Public Office Bearers Act, 1998 (Act No. 20 of 1998).
82. Administration and accountability of the Provincial House
83. Responsibilities of the Provincial HouseThe Provincial House of Traditional Leaders must—
84. Establishment and composition of local electoral college
85. RegulationsThe Premier may make regulations relating to—
86. Immunities and privileges of members of houses of traditional leaders
87. Support to houses of traditional leadersThe Provincial Government must adopt measures as may be necessary to support and strengthen the capacity of the Houses to fulfil their functions, and such support may include the provision of—
88. Delegation of powers
89. Relationship between the Provincial House and kings or queensThe Provincial House may, on a biannual basis, hold a meeting with all kings and queens in the Province to discuss—
90. Relationship between the Provincial House and local houses
91. Relationship between houses of traditional leaders and traditional councils
92. Relationship between local houses and municipal councils
93. Offences and penalties
94. Transitional arrangements
95. Repeals and savings
96. Short title and commencement
History of this document
15 June 2017
01 May 2017 this version
05 April 2017
|Regulations on the Election of Members of the Eastern Cape Houses of Traditional Leaders, 2017||Provincial Notice 174 of 2017|