WHAT THE LAW SAYS

African Times - - News -

Lim­popo Tra­di­tional Lead­er­ship and In­sti­tu­tions Act 6 of 2005 stip­u­lates:

14 Recog­ni­tion of re­gents

(1) Where the suc­ces­sor to the po­si­tion of king, queen, se­nior tra­di­tional leader, head­man or head­woman is still re­garded as a mi­nor in terms of ap­pli­ca­ble cus­tom­ary law or cus­toms

(a) the royal fam­ily con­cerned must, within a rea­son­able time-

(i) iden­tify a re­gent to as­sume lead­er­ship on be­half of the mi­nor; and

(ii) through the rel­e­vant cus­tom­ary structure, in­form the Premier of the par­tic­u­lars of the per­son iden­ti­fied as re­gent and the rea­sons for the iden­ti­fi­ca­tion of that per­son; and

(b) the Premier must, with due re­gard to ap­pli­ca­ble cus­tom­ary law or cus­toms, and sub­ject to sub­sec­tion (2)-

(i) by no­tice in the Gazette recog­nise the re­gent iden­ti­fied by the royal fam­ily in terms of sub­sec­tion (1);

(ii) is­sue a cer­tifi­cate of recog­ni­tion to the re­gent so recog­nised; and

(iii) in­form the pro­vin­cial house of tra­di­tional lead­ers and the rel­e­vant lo­cal house of tra­di­tional lead­ers of the recog­ni­tion of the re­gent con­cerned; and

(c) The Premier must re­view the recog­ni­tion of a re­gent ev­ery 12 months.

(2) Where there is ev­i­dence or an al­le­ga­tion that the iden­ti­fi­ca­tion of a per­son as re­gent was not done in ac­cor­dance with cus­tom­ary law, cus­toms or pro­cesses, the Premier-

(a) may re­fer the mat­ter to the pro­vin­cial house of tra­di­tional lead­ers and the rel­e­vant lo­cal house of tra­di­tional lead­ers for their rec­om­men­da­tions; or

(b) may refuse to is­sue a cer­tifi­cate of recog­ni­tion; and

(c) must re­fer the mat­ter back to the royal fam­ily for re­con­sid­er­a­tion and res­o­lu­tion where the cer­tifi­cate of recog­ni­tion has been re­fused.

(3) Where the mat­ter which has been re­ferred back to the royal fam­ily for re­con­sid­er­a­tion and res­o­lu­tion in terms of sub­sec­tion (2) has been re­con­sid­ered and re­solved, the Premier must recog­nise the per­son iden­ti­fied by the royal fam­ily if the Premier is sat­is­fied that the re­con­sid­er­a­tion and res­o­lu­tion by the royal fam­ily have been done in ac­cor­dance with cus­tom­ary law.

(4) The re­gent recog­nised in terms of sub­sec­tion (1) must re­lin­quish his or her po­si­tion as re­gent within three months af­ter the suc­ces­sor to the po­si­tion reaches his or her 25th birth­day, and the suc­ces­sor must in the case of a se­nior tra­di­tional leader, head­man or head­woman, be recog­nised by the Premier in terms of sec­tion 12.

15 Recog­ni­tion of act­ing tra­di­tional lead­ers

(1) A royal fam­ily may, in ac­cor­dance with the cus­tom­ary law of the tra­di­tional com­mu­nity con­cerned, iden­tify a suit­able per­son who must be a mem­ber of the royal fam­ily to act as a king, queen, se­nior tra­di­tional leader, head­man or head­woman, as the case may be, where-

(a) a suc­ces­sor to the po­si­tion of a king, queen, se­nior tra­di­tional leader, head­man or head­woman has not been iden­ti­fied by the royal fam­ily con­cerned in terms of this Act;

(b) the iden­ti­fi­ca­tion of a suc­ces­sor to the po­si­tion of a king, queen, se­nior tra­di­tional leader, head­man or head­woman is be­ing re­con­sid­ered and re­solved in terms of this Act; or

(c) a king, queen, se­nior tra­di­tional leader, head­man or head­woman, as the case may be, would be ab­sent from his or her area of ju­ris­dic­tion un­der cir­cum­stances other than those pro­vided for in sec­tion 16(1) and for a pe­riod of more than six months for-

(i) the treat­ment of ill­ness;

(ii) study pur­poses; or

(iii) any other law­ful pur­pose.

(2) The Premier must, upon ap­point­ment of an act­ing tra­di­tional leader in terms of sub­sec­tion (1)-

(a) is­sue a cer­tifi­cate of ap­point­ment; and

(b) in­form the pro­vin­cial house of tra­di­tional lead­ers and the rel­e­vant lo­cal house of tra­di­tional lead­ers.

(3) The Premier must re­view the ap­point­ment of the act­ing tra­di­tonal leader ev­ery 12 months. (4) The Premier must upon re­quest by the royal fam­ily re­move any per­son ap­pointed in an act­ing ca­pac­ity.

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