Study Unit 6 - Lecture 2 Flashcards
(25 cards)
What does Section 211(1) and (2) of the Constitution recognise?
The institution, status, and role of traditional leadership, subject to the Constitution and applicable legislation.
What are the two meanings of the term “tradition”?
(1) Cultural transfer across generations; (2) Something that has lasted and remained unchanged.
How does the Constitution define “traditional leadership”?
It doesn’t define it directly; however, it links it to indigenous/customary law.
Which Act defines “traditional leadership”?
The Traditional Leadership and Governance Framework Act 41 of 2003.
What is the analogy used to describe how traditional leadership evolves?
A deciduous tree—new leaves (leaders) each season, similar but not the same.
What is the difference between democratic and traditional leadership selection?
Democratic: elected leaders; Traditional: hereditary leaders.
What constitutional section allows for traditional authorities to continue functioning?
Section 211(2).
What are the two houses created for traditional leaders?
Provincial Houses of Traditional Leaders and the National Council of Traditional Leaders.
What conflict arises between the equality clause (s 9(3)) and traditional succession?
Traditional succession usually excludes women, which may be discriminatory.
What are the three arguments against applying the equality clause to traditional succession?
(1) Contextual unfairness; (2) Indigenous law is protected; (3) Historical constitutional compromise.
What are the three characteristics of a jural community?
Own territory, household, and public law authority.
What shaped the formation of jural communities?
Genealogical, religious, and territorial factors.
What Chapter of the 1996 Constitution recognises traditional leadership?
Chapter 12.
What Act consolidated recognition of tribal authorities under apartheid?
The Black Authorities Act 68 of 1951.
What key legislation was passed post-Constitution for traditional leadership?
Traditional Leadership and Governance Framework Act 41 of 2003.
What are the 3 institutions of traditional leadership regulated by Act 41 of 2003?
Traditional communities, traditional leaders, and traditional councils.
What are the 4 categories of traditional leaders?
Kingship/queenship, principal traditional leadership, senior traditional leadership, and headmanship.
Who can withdraw the recognition of a traditional community?
The Premier of the province.
What must a traditional community do to be recognised?
Adapt its customs to align with the Bill of Rights.
What section of Act 41 of 2003 outlines the functions of traditional leaders?
Section 19.
How many members can the National House of Traditional Leaders have?
A maximum of 23 members.
What proportion of a traditional council must be women?
At least one-third (1/3).
How are members of traditional councils selected?
60% appointed by the leader, 40% elected by the community.
What legislation governs the National House of Traditional Leaders?
Act 22 of 2009.
