Recognition | ||||
211 | 1) | The institution, status and role of traditional leadership, according to customary law, are recognised, subject to the Constitution. | ||
2) | 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. | |||
3) | The courts must apply customary law when that law is applicable, subject to the Constitution and any legislation that specifically deals with customary law. | |||
Role of traditional leaders | ||||
212 | 1) | National legislation may provide for a role for traditional leadership as an institution at local level on matters affecting local communities. | ||
2) | 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 | |||
a. | national or provincial legislation may provide for the establishment of houses of traditional leaders; and | |||
b. | national legislation may establish a council of traditional leaders. |