Section 211-212 Constitution of South Africa 1996
Section 211 and 212 of the Constitution of South Africa 1996 (as amended) are under Chapter 12 of the Constitution. Chapter 12 is titled ‘Traditional Leaders‘.
Section 211 Constitution of South Africa 1996
1. The institution, status and role of traditional leadership, according to customary law, are recognised, subject to the Constitution.
2. A traditional authority that observes a system of customary law may function subject to any applicable legislation and customs, which includes amendments to, or repeal of, that legislation or those customs.
3. The courts must apply customary law when that law is applicable, subject to the Constitution and any legislation that specifically deals with customary law.
Section 212 Constitution of South Africa 1996
Role of traditional leaders
1. National legislation may provide for a role for traditional leadership as an institution at local level on matters affecting local communities.
2. To deal with matters relating to traditional leadership, the role of traditional leaders, customary law and the customs of communities observing a system of customary law
a. national or provincial legislation may provide for the establishment of houses of traditional leaders; and
b. national legislation may establish a council of traditional leaders.