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Limpopo
South Africa
South Africa
Limpopo Traditional Leadership and Institutions Act, 2005
Act 6 of 2005
- Published in Limpopo Provincial Gazette 1240 on 31 March 2006
- Commenced on 1 April 2006 by Limpopo Traditional Leadership and Institutions Act, 2005: Commencement
- [This is the version of this document from 31 March 2006 and includes any amendments published up to 5 April 2024.]
Chapter 1
Definitions, interpretation and application
1. Definitions
In this Act, unless the context indicates otherwise—“acting traditional leader” means a traditional leader appointed in terms of section 15;“area of jurisdiction” means the area of jurisdiction designated for a traditional community and traditional council that have been recognised in terms of this Act;“code of conduct” means the code of conduct contained in Schedule 2, and includes the code of conduct contained in the Schedule to the Framework Act;“Commission” means the commission established in terms of section 22 of the Framework Act;“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;“deputy traditional leader” means a member of the royal family appointed in accordance with customary law to temporarily act in the position of the king, queen, senior traditional leader, headman or headwoman under the circumstances contemplated in section 16(1);“financial year” means the period starting from 1 April of any year and ending on 31 March of the next succeeding year.“Framework Act” means the Traditional Leadership and Governance Framework Act, 2003 (Act No. 43 of 2003);“headman or headwoman” means a traditional leader who—(a)is under the authority of, or exercises authority within the area of jurisdiction of, a senior traditional leader in accordance with customary law; and(b)is recognised as such in terms of this Act;“king or queen” means a traditional leader—(a)under whose authority, or within whose area of jurisdiction, senior traditional leaders exercise authority in accordance with customary law; and(b)recognised as such in terms of this Act;“local house of traditional leaders” means a local house of traditional leaders established in terms of the Limpopo Houses of Traditional Leaders Act, 2005;“provincial house of traditional leaders” means a provincial house of traditional leaders established in terms of the Limpopo Houses of Traditional Leaders Act, 2005;“regent” means any person who, in terms of customary law of the traditional community concerned, holds a traditional leadership position in a temporary capacity until a successor to that position who is a minor, is recognized;“royal family” means the core customary institution or structure consisting 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;“senior traditional leader” means a traditional leader of a specific traditional community who exercises authority over a number of headmen or headwomen in accordance with customary law, or within whose area of jurisdiction a number of headmen or headwomen exercise authority;“this Act” includes any regulations made in terms of section 31;“traditional community” means a traditional community recognized as such in terms of section 3;“traditional council” means a council established in terms of section 4;“traditional leader” means any person who, in terms of customary law of the traditional community concerned, holds a traditional leadership position, and is recognized in terms of this Act;“traditional leadership” means the customary institutions or structures, or customary systems or procedures of governance, recognised, utilised or practised by traditional communities;“tribe” means a tribe that was established or recognised under legislation in force before the commencement of this Act.2. Interpretation and application
Chapter 2
Traditional communities and traditional councils
3. Recognition of traditional communities
4. Traditional councils
5. Term of office of members of traditional councils and oath of office
6. Vacation of office and vacancies in traditional councils
7. Rules and orders of traditional council and committees of traditional council
8. Meetings of traditional councils
9. Withdrawal of recognition of traditional communities and traditional councils
Chapter 3
Cooperative governance
10. Partnerships between municipalities and traditional councils
11. Support to traditional councils
Chapter 4
Recognition of traditional leadership positions
12. Recognition of senior traditional leader, headman or headwoman
13. Relief of royal duties
14. Recognition of regents
15. Recognition of acting traditional leaders
16. Appointment of deputy traditional leaders
17. Meetings of royal family
Chapter 5
Role and functions of traditional leadership
18. Roles and functions of traditional leadership
19. Admission of new individuals into existing traditional communities and removal of existing members from traditional communities
20. Determination of boundaries of traditional communities
Chapter 6
Conditions of service
21. Salaries and allowances
22. Travelling and subsistence
23. Code of conduct
Chapter 7
Financial matters
24. Funds of traditional council
Funds of a traditional council consist of—25. Levy of traditional council rate
26. Opening of accounts for finances of traditional councils
27. Accounting Officer for finances of traditional councils
The Director General is the accounting officer for the funds of the traditional councils.28. Quarterly financial reports
Every traditional council must in respect of each financial year, within 15 days after the end of each quarter, submit to the Director General, a comprehensive report on income and expenditure for the preceding quarter and annually after the end of the financial year and at the time determined by the Premier, submit to the Director General, a comprehensive report on the traditional council’s income and expenditure for the preceding year.29. Keeping of records
30. Implementation of decisions of commission
31. Regulations
The Premier may make regulations relating to—32. Delegation
33. Transitional arrangements
34. Repeal of laws and savings
35. Short title
This Act is called the Limpopo Traditional Leadership and Institutions Act, 2005 and comes into operation on a date determined by the Premier by proclamation in the Gazette.History of this document
01 April 2006
31 March 2006 this version
Subsidiary legislation
Title | Numbered title |
---|---|
Limpopo Traditional Council Regulations, 2011 | Premiers Notice 6 of 2011 |