Study Unit 6 - Lecture 1 Flashcards
(14 cards)
Which sections recognise traditional leadership?
Sections 211(1) and 211(2)
Is “traditional leadership” clearly defined?
No, it is open to interpretation
What is tradition?
Cultural practices passed down over generations
What Act governs traditional leadership?
Traditional Leadership and Governance Framework Act 41 of 2003
Can traditional leaders make law?
No, only advise (s 212(2))
What kind of leadership does customary law use?
Hereditary, usually patrilineal
Why does patrilineal succession clash with equality?
It excludes women based on gender
Can women be traditional leaders?
Rarely, but exceptions exist (e.g. Modjadji)
What section prohibits unfair discrimination?
Section 9(3)
Why is changing customary succession controversial?
It might break the agreement made during constitutional negotiations
What are Provincial Houses and the National Council?
Bodies that advise on customary law and tradition
What is Section 36(2) about?
Customary law doesn’t limit rights unless Constitution allows it
What happens if a female chief marries?
Her children fall into her husband’s lineage, causing succession problems
What does the tree analogy represent?
Custom that adapts over time while staying rooted in tradition
