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South Africa
 EASTERN CAPE PROVINCIAL LEGISLATION OVERVIEWS
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Eastern Cape Traditional Leadership and Governance Act, No. 1 of 2017

Long title


To consolidate laws governing traditional leadership institutions in the Province, to provide for the recognition of traditional communities, to provide for  the establishment and recognition of principal traditional councils, to provide for the establishment and recognition of traditional councils, to provide for the recognition of  traditional  leaders, to provide for  the functions of traditional leaders, to provide for the removal of a traditional leader from office, to provide for the recognition of regents, to provide for establishment of houses of traditional leaders, to provide for the repeal of certain laws; and to provide for matters incidental thereto.

Table of contents

SECTION TITLE

CHAPTER 1 DEFINITIONS, APPLICATION AND INTERPRETATION OF ACT, GUIDING PRINCIPLES AND TRANSFORMATION OF TRADITIONAL AUTHORITIES INTO TRADITIONAL COUNCILS AND AREAS OF JURISDICTION
1. Definitions
2. Application and Interpretation of Act
3. Guiding principles
CHAPTER 2 PRINCIPAL TRADITIONAL LEADERS, TRADITIONAL COMMUNITIES, PRINCIPAL TRADITIONAL COUNCILS AND TRADITIONAL COUNCILS
4. Recognition of traditional communities
5. withdrawal of recognition of traditional communities
6. Establishment and recognition of traditional councils
7. Terms of office for members of traditional councils and oath of office
8. Functions of traditional councils
9. Designation of chairperson and deputy chairperson of a traditional council
10. Disqualification as a member of a traditional council
11. Vacation of seat and filling of vacancies of traditional councils
12. Meetings of traditional councils
13. Minutes of meetings
14. Staff of traditional councils|
15. Admission of individuals into existing traditional communities
16. Establishment and recognition of principal traditional councils
17. Functions of principal traditional councils
18. Meetings with traditional leaders
CHAPTER 3 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
CHAPTER 4 TRADITIONAL LEADERSHIP POSITIONS
Recognition of traditional leadership positions
21. Recognition of traditional leadership positions
22. Recognition of principal traditional leader
Recognition and removal of traditional leaders
23. Recognition of a traditional leader
24. Removal of a traditional leader
25. Recognition of regents
26. Persons acting as a king or queen, senior traditional leader or headman or headwoman
27. Deputy traditional leader
28. Support to traditional councils, principal traditional councils and kingship or queenship
CHAPTER 5 ROLES AND FUNCTIONS OF ROYAL FAMILY AND TRADITIONAL LEADERS
29. Roles and functions of a royal family
30. Roles and functions of traditional leaders
31. Inquiry into misconduct
32. Suspension of a traditional leader
33. Powers of the Premier to summon a traditional leader
34. Absence of a traditional leader
CHAPTER 6 CONSIDERATION OF THE RECOMMENDATION OF THE PROVINCIAL COMMITTEE ON CLAIMS AND DISPUTES AND DISPUTE RESOLUTION PROCEDURE
35. Consideration of the recommendation of the Provincial Committee by the Premier
36. Dispute resolution procedure
CHAPTER 7 CONDITION OF SERVICE
37. Allowances for members of traditional councils
38. Code of conduct for traditional leaders and members of houses of traditional leaders, principal traditional councils and traditional
councils
CHAPTER 8 FINANCIAL MATTERS
39. Funding
40. Funds of traditional councils
41. Levies
42. Voluntary contributions
43. Opening of accounts for finances of traditional councils
44. Financial control
45. Accounting officer for finances of traditional councils
46. Financial reports
47. Keeping records
CHAPTER 9 LOCAL HOUSES
48. Establishment of local houses of traditional leaders
49. Seat and meetings of local houses
50. Qualification for membership of a local house
51. Membership and composition of a local house
52. Disqualification for membership of a local house
53. Vacation of seats
54. Filling of vacancies
55. Functions of a local house
56. Chairperson and deputy chairperson
57. Election of representatives to the Provincial House of Traditional Leaders
58. Rules and orders of local houses
59. Quorum and decisions of a local house
60. Requisite majorities
61. Allowance for members of local houses
62. Administration of local houses
63. Responsibilities and accountability of local houses
64. Dissolution of a local house
65. Oath or affirmation by chairperson, deputy chairperson and members of local houses
CHAPTER 10 PROVINCIAL HOUSE OF TRADITIONAL LEADERS
66. Eastern Cape 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 House
70. Oath or affirmation by the chairperson, deputy chairperson and members of the Provincial House
71. Qualification for membership of a Provincial House
72. Disqualification for a membership of a Provincial House
73. Vacation of seats
74. Filling of vacancies
75. Powers and duties of a Provincial House
76. Chairperson and deputy chairperson
77. Election of representatives to the National House
78. Rules and orders
79. Quorum and decisions
80. Requisite majorities
81. Moneys payable to members of a Provincial House
82. Administration and accountability of the Provincial House
83. Responsibilities of the Provincial House
CHAPTER 11 GENERAL PROVISION
84. Establishment and composition of a local electoral college
85. Regulations
86. Immunities and privileges for members of houses of traditional leaders
87. Support to houses of traditional leaders
88. Delegation of powers
89. Relationship between the Provincial House and kings or queens
90. Relationship between the Provincial House and local houses
91. Relationship between Houses of traditional leaders and traditional councils
92. Relationship local houses and municipal councils
93. Offences and penalties
94. Transitional arrangements
95. Repeal and savings
96. Short title and commencement
Sch. 1. SCHEDULE 1 CODE OF CONDUCT FOR TRADITIONAL LEADERS AND TRADITIONAL COUNCILS [s1, s38, s63]
Sch. 2. SCHEDULE 2 CODE OF CONDUCT FOR MEMBERS OF HOUSES OF TRADITIONAL LEADERS, PRINCIPAL TRADITIONAL COUNCILS AND TRADITIONAL COUNCILS [s63]
Sch. 3. SCHEDULE 3 OATH BY MEMBERS OF THE HOUSES OF TRADITIONAL LEADERS, PRINCIPAL TRADITIONAL COUNCILS AND TRADITIONAL COUNCIL [s0]
Sch. 4.SCHEDULE 4 AFFIRMATION BY MEMBERS OF THE HOUSES OF TRADITIONAL LEADERS, PRINCIPAL TRADITIONAL COUNCILS AND TRADITIONAL COUNCILS [s0]
Sch. 5. SCHEDULE 5 LAWS REPEALED [s95]
.
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Copyright © Rita V. Felgate 2017