The traditional Leadership and Governance Framework Act, 2003, and its subsequent provincial legislation: a critical review of attempts at integrating traditional leadership into the new democracy in South Africa

Abstract

The subject of this research paper is the analysis of the recent national and provincial legislation on traditional leadership. Within the new constitutional dispensation the legislature had to retain traditional leadership pursuan to Chapter 12 of the Consstitution of the Republic of South Africa, 1996. It was unclear how to change institutions that are based on customary ;aw at the same time, recognize them as they are. The legislative branch of government provided its answer through the national and provincial Acts. Precisely the answer forms part of the research paper.