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TRADITIONAL LEADERS ACT (CHAPTER 29:17)

TRADITIONAL LEADERS ACT

Act 25/1998, 22/2001 (s. 4),17/2007.

ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY Section

  1. Short title.

PART II

CHIEFS

  1. Appointment of chiefs.
  2. Appointment of acting chiefs.
  3. Duties of chiefs.
  4. Delegation of chief’s functions.
  5. Disciplinary procedure where chief commits offence or misconduct.

PART III

HEADMEN

  1. Appointment of headmen.
  2. Duties of headmen.
  3. Disciplinary procedure where headman commits offence or misconduct.

PART IV

VILLAGE HEADS

  1. Appointment of village heads.
  2. Duties of village heads.
  3. Disciplinary action where village head commits offence or misconduct.

PART V

VILLAGE ASSEMBLIES, WARDASSEMBLIES ANDDEVELOPMENT COMMITTEES

  1. Village assembly.
  2. Functions of village assembly.
  3. Meetings of village assembly.
  4. Village development committees.
  5. Establishment and functions of ward assembly.
  6. Meetings of ward assembly.
  7. Ward development committee.
  8. Invitation to experts to attend assemblies or committees.
  9. Interest groups.

PART VI

ISSUE OF VILLAGEREGISTRATIONCERTIFICATES AND SETTLEMENTPERMITS AND OCCUPATION OF COMMUNALLAND

  1. Village boundaries.
  2. Village registration certificates and settlement permits.
  3. Villages in irrigation schemes in Communal Land.
  4. Allocation of Communal Land.
  5. Rights of urban dwellers and others persons to occupy Communal Land.
  6. Disposal of rights in Communal Land.

PART VII

INHABITANTS OF RESETTLEMENT LAND

  1. Placing of communities on resettlement land under authority of chief.
  2. Resettlement land not to form part of communal land.

PART VIII

MESSENGERS OFCHIEFS AND HEADMEN

  1. Appointment of messengers.
  2. Uniforms and badges of messengers.
  3. Offences by messengers.
  4. Limitation of liability for actions of messengers.

PART IX

PROVINCIAL ASSEMBLIES AND THE COUNCIL OF CHIEFS

  1. Provincial assemblies.
  2. Functions of provincial assemblies.
  3. Council of chiefs.
  4. Meetings of Council.
  5. Functions of Council.
  6. Representation of interests of Government.
  7. Clerks of Council and provincial assemblies and other staff.
  8. Meetings of provincial assemblies and Council to be private.
  9. Transaction of business notwithstanding vacancies.
  10. Offences relating to proceedings of meetings.

PART X

GENERAL

  1. Election of chief, headman or village head to political office.
  2. Manner of discharge of functions by chief, headman or village head.
  3. Incapacity of chief, headman or village head.
  4. Hindrance of chief, headman or village head an offence.
  5. Minister may give directions on matters of policy.
  6. Repeal of Cap. 29:01 and savings.

AN ACT to provide for the appointment of village heads, headmen and chiefs; to provide for the establishment of a Council of Chiefs and village, ward and provincial assemblies and to define their functions; to provide for the issue of village registration certificates and settlement permits; to repeal the Chiefs and Headmen Act [Chapter 29:01]; to amend the Criminal Procedure and Evidence Act [Chapter 9:07], the Communal Land Act [Chapter 20:04] and the Rural District Councils Act [Chapter 29:13]; and to provide for matters incidental to or connected with the foregoing.

[Date of commencement: 1st January, 2000.]

PART I

PRELIMINARY

                       1    Short title

This Act may be cited as the Traditional Leaders Act [Chapter 29:17]. 2Interpretation.

(1) In this Act—

“area”, in relation to a chief, means—

  • the area occupied by his community; and
  • any area declared in terms of section twenty-nine to be under the jurisdiction of a chief;

“chief” means any person appointed as a chief in terms of subsection (1) of section three;

“Communal Land” means land described as such under the Communal Land Act [Chapter 20:04];

“community” means a community of persons who, according to customary law, fall under the jurisdiction of a chief;

“Council” means the Council of Chiefs referred to in section thirty-seven;

“fixed date” means the date fixed in terms of subsection (2) of section one as the date on which this Act shall come into operation;

“headman” means any headman appointed in terms of section eight;

“inhabitant” in relation to a chief, headman or village head, means a person who is resident in the area under the jurisdiction of the chief, headman or village head, as the case may be, and who is subject to customary law;

“messenger” means a person appointed as a messenger in terms of section thirty-one;

“Minister” means the Minister of Local Government and National Housing or any other Minister to whom the President may, from time to time, assign the administration of this Act;

“province” means a province declared in terms of section 3 of the Provincial Councils and Administration Act [Chapter 29:11] ;

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