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Traditional and Khoi-San Leadership Act, No. 3 of 2019

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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