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| South Africa NATIONAL LEGISLATION OVERVIEWS  |
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Traditional
and Khoi-San Leadership Act, No. 3 of 2019
NOTE: Assented to and published in English, with alternative copy in Afrikaans
NOTE: Assented to and published in English, with alternative copy in Afrikaans
Long title
To provide for the recognition of traditional and Khoi-San communities, leadership positions and for the withdrawal of such recognition; to provide for the functions and roles of traditional and Khoi-San leaders; to provide for the recognition, establishment, functions, roles and administration of kingship or queenship councils, principal traditional councils, traditional councils, Khoi-San councils and traditional sub-councils, as well as the support to such councils; to provide for the establishment, composition and functioning of the National House of Traditional and Khoi-San Leaders; to provide for the establishment of provincial houses of traditional and Khoi-San leaders; to provide for the establishment and composition of local houses of traditional and Khoi-San leaders; to provide for the establishment and operation of the Commission on Khoi-San Matters; to provide for a code of conduct for members of the National House, provincial houses, local houses and all traditional and Khoi-San councils; to provide for regulatory powers of the Minister and Premiers; to provide for transitional arrangements; to amend certain Acts; to provide for the repeal of legislation; and to provide for matters connected therewith.
Table of contents
| SECTION | TITLE |
| TABLE OF CONTENTS | |
| CHAPTER 1. INTERPRETATION, APPLICATION AND PRINCIPLES | |
| 1. | Definitions and application |
| 2. | Guiding principles |
| CHAPTER 2. LEADERSHIP AND GOVERNANCE | |
| Part 1. Traditional and Khoi-San communities | |
| 3. | Recognition of kingship or queenship, traditional community, headmanship or headwomanship |
| 4. | Withdrawal of recognition of kingship or queenship, principal
traditional community, traditional community, headmanship or
headwomanship |
| 5. | Recognition of Khoi-San community and branch |
| 6. | Withdrawal of recognition of Khoi-San community and branch |
| Part 2. Traditional and Khoi-San leaders | |
| 7. | Recognition of leadership positions |
| 8. | Recognition of king or queen, principal traditional leader, senior traditional leader, headman or headwoman |
| 9. | Withdrawal of recognition of king or queen, principal traditional leader, senior traditional leader, headman or headwoman |
| 10. | Recognition of senior Khoi-San leader or branch head |
| 11. | Withdrawal of recognition of senior Khoi-San leader or branch head |
| 12. | Recognition of regent |
| 13. | Recognition of acting traditional and Khoi-San leaders |
| 14. | Recognition of deputy traditional and Khoi-San leaders |
| 15. | Functions and resources of traditional and Khoi-San leaders |
| Part 3. Traditional and Khoi-San councils | |
| 16. | Establishment of kingship or queenship council, principal traditional council or traditional council |
| 17. | Establishment of traditional sub-council |
| 18. | Establishment of Khoi-San council |
| 19. | Functions of kingship or queenship council and principal traditional council |
| 20. | Functions of traditional council, traditional sub-council, Khoi-San council and branch |
| 21. | Election of members of traditional council, traditional sub-council and Khoi-San council and filling of vacancies |
| 22. | Administration of kingship or queenship council, principal traditional council, traditional council, Khoi-San council and traditional sub-council |
| 23. | Support to kingship or queenship council, principal traditional council, traditional council, Khoi-San council and traditional sub-council |
| 24. | Partnerships and agreements |
| 25. | Allocation of roles to kingship or queenship council, principal
traditional council, traditional council, Khoi-San council, traditional
sub-council and traditional and Khoi-San leaders |
| CHAPTER 3. HOUSES OF TRADITIONAL AND KHOI-SAN LEADERS | |
| Part 1. Houses of traditional and Khoi-San leaders | |
| 26. | Houses of traditional and Khoi-San leaders| |
| Part 2. National House of Traditional and Khoi-San Leaders | |
| 27. | Establishment and term of office of National House |
| 28. | Composition of National House |
| 29. | Election and designation of members to National House |
| 30. | Disqualification for membership of National House |
| 31. | Vacation of seats |
| 32. | Filling of vacancies |
| 33. | Seat and meetings of National House |
| 34. | Chairperson and deputy chairperson of National House |
| 35. | Status of members of National House |
| 36. | Duties of National House |
| 37. | Administration of National House |
| 38. | Responsibilities of National House |
| 39. | Referral of Bills to National House |
| 40. | Relationship between National House and kings, queens and principal traditional leaders |
| 41. | Relationship between National House and provincial houses |
| 42. | Support to National House |
| 43. | Annual report of National House |
| 44. | Privileges and immunities of members of National House |
| 45. | Remuneration and benefits of members of National House |
| 46. | Rules, orders and committees of National House |
| 47. | Dissolution of National House |
| 48. | Oath or affirmation by members of National House |
| Part 3. Provincial and local houses of traditional and Khoi-San leaders | |
| 49. | Provincial houses of traditional and Khoi-San leaders |
| 50. | Local houses of traditional and Khoi-San leaders |
| CHAPTER 4. COMMISSION ON KHOI-SAN MATTERS | |
| 51. | Establishment of Commission |
| 52. | Appointment of members of Commission |
| 53. | Vacancies |
| 54. | Conditions of appointment of members of Commission |
| 55. | Support to and reports by Commission |
| 56. | Application for recognition of Khoi-San communities, branches, senior Khoi-San leaders and branch heads |
| 57. | Functions of Commission |
| 58. | Recommendations and decisions| |
| CHAPTER 5. GENERAL PROVISIONS | |
| 59. | Disputes |
| 60. | Regulations |
| 61. | Delegation of powers and duties by Premier |
| 62. | Monitoring |
| 63. | Transitional arrangements |
| 64. | Amendment of legislation |
| 65. | Repeal of legislation and savings |
| 66. | Short title and commencement |
| Sch. 1. | SCHEDULE 1. CODE OF CONDUCT FOR MEMBERS OF HOUSES AND COUNCILS [s1; s48; s49; s50] |
| Sch. 2. | SCHEDULE 2. [s49; s50] |
| Sch. 3. | SCHEDULE 3. AMENDMENT OF LEGISLATION (Section 64) [s64] |
| Sch. 4. | SCHEDULE 4. REPEAL OF LEGISLATION (Section 65) [s65] |
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