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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
- Short title.
- Appointment of chiefs.
- Appointment of acting chiefs.
- Duties of chiefs.
- Delegation of chief’s functions.
- Disciplinary procedure where chief commits offence or misconduct.
- Appointment of headmen.
- Duties of headmen.
- Disciplinary procedure where headman commits offence or misconduct.
- Appointment of village heads.
- Duties of village heads.
- Disciplinary action where village head commits offence or misconduct.
VILLAGE ASSEMBLIES, WARDASSEMBLIES ANDDEVELOPMENT COMMITTEES
- Village assembly.
- Functions of village assembly.
- Meetings of village assembly.
- Village development committees.
- Establishment and functions of ward assembly.
- Meetings of ward assembly.
- Ward development committee.
- Invitation to experts to attend assemblies or committees.
- Interest groups.
ISSUE OF VILLAGEREGISTRATIONCERTIFICATES AND SETTLEMENTPERMITS AND OCCUPATION OF COMMUNALLAND
- Village boundaries.
- Village registration certificates and settlement permits.
- Villages in irrigation schemes in Communal Land.
- Allocation of Communal Land.
- Rights of urban dwellers and others persons to occupy Communal Land.
- Disposal of rights in Communal Land.
INHABITANTS OF RESETTLEMENT LAND
- Placing of communities on resettlement land under authority of chief.
- Resettlement land not to form part of communal land.
MESSENGERS OFCHIEFS AND HEADMEN
- Appointment of messengers.
- Uniforms and badges of messengers.
- Offences by messengers.
- Limitation of liability for actions of messengers.
PROVINCIAL ASSEMBLIES AND THE COUNCIL OF CHIEFS
- Provincial assemblies.
- Functions of provincial assemblies.
- Council of chiefs.
- Meetings of Council.
- Functions of Council.
- Representation of interests of Government.
- Clerks of Council and provincial assemblies and other staff.
- Meetings of provincial assemblies and Council to be private.
- Transaction of business notwithstanding vacancies.
- Offences relating to proceedings of meetings.
- Election of chief, headman or village head to political office.
- Manner of discharge of functions by chief, headman or village head.
- Incapacity of chief, headman or village head.
- Hindrance of chief, headman or village head an offence.
- Minister may give directions on matters of policy.
- 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.]
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] ;