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- Is commenced by Limpopo Houses of Traditional Leaders Act, 2005: Commencement
Limpopo
South Africa
South Africa
Limpopo Houses of Traditional Leaders Act, 2005
Act 5 of 2005
- Published in Limpopo Provincial Gazette 1240 on 31 March 2006
- Commenced on 1 April 2006 by Limpopo Houses of Traditional Leaders Act, 2005: Commencement
- [This is the version of this document from 31 March 2006 and includes any amendments published up to 3 May 2024.]
Chapter 1
Definitions
1. Definitions
In this Act, unless the context otherwise indicates-“acting traditional leader” means a traditional leader appointed in terms of section 15 of the Limpopo Traditional Leadership and Institutions Act, 2005;"community authority" means a community authority established by proclamation or other notice issued by the Premier or person who before the commencement of the Constitution was-(a)the State President of the Republic within the meaning of the Republic of South Africa Constitution Act, 1983 (Act 110 of 1983);(b)the President, Chief Minister or other chief executive in a government under any other constitution or constitutional arrangement which was in force in an area which forms part of the Republic of South Africa;"Constitution" means the Constitution of the Republic of South Africa, 1996;"Executive Committee" means the Executive Committee established in terms of section 20(a);"Executive Council" means the Executive Council of the Province;“local House” means local Houses of Traditional Leaders established under section 10"member"-(a)in relation to the Provincial House of Traditional Leaders means the member referred to in section 3;(b)in relation to a local House of Traditional Leaders means the member referred to in section 13;"Premier" means the Premier of Limpopo elected in terms of section 145 of the Constitution and includes an Acting Premier appointed under section 148(1) of the Constitution;“prescribed" means prescribed by regulation;“Province" means Limpopo as defined in the Constitution;"Provincial House" means the Limpopo House of Traditional Leaders established under section 2;"Provincial Legislature" means the Legislature for the Province;"Regulations" means any regulations made under this Act;"this Act" includes any regulation made and in force under section 26;"traditional council" means a traditional council established under the Limpopo Traditional Leadership and Institutions Act, 2005 and includes a tribal or community authority established by proclamation or other notice issued by the Premier or a person who immediately before the commencement of the Constitution was-(a)the State President of the Republic within the meaning of the Republic of South Africa Constitution Act, 1983 (Act 110 of 1983);(b)the President, Chief Minister or other chief executive in a government under any other constitution or constitutional arrangement which was in force in an area which forms part of the Republic;"traditional leader" means a person duly appointed or recognized as a traditional leader by-(a)the person who before the commencement of the Constitution was-(i)the State President of the Republic within the meaning of the Republic of South Africa Constitution Act, 1983 (Act 110 of 1983);(ii)the President, Chief Minister or other chief executive in a government under any other constitution or constitutional arrangement which was in force in an area which forms part of the Republic; and(b)the Premier, and includes any person appointed to act temporarily in the place of such a traditional leader.“senior traditional leader” means a traditional leader of a specific traditional community who exercises authority over a number of headmen or headwomen in accordance with customary law, or within whose area of jurisdiction a number of headmen or headwomen exercise authority;Chapter 2
Provincial House of Traditional Leaders
2. Establishment of Provincial House of Traditional Leaders
3. Members of Provincial House
4. Seat and meetings of Provincial House
5. Qualification for membership of Provincial House
Only a member of a local House of Traditional Leaders is qualified to be a member of the Provincial House.6. Vacation of seats
7. Powers, functions and duties of Provincial House
8. Chairperson and Deputy Chairperson
9. Representation in National House of Traditional leaders
At least one of the representatives of the Provincial House nominated in terms of section 4 of the National House of Traditional Leaders Act, 1997 (Act No. 10 of 1997), must be a woman.Chapter 3
Local Houses of Traditional Leaders
10. Establishment of local Houses
11. Qualification for membership of local House
No person is eligible to become a member of a local House of Traditional Leaders unless that person is a king, queen or senior traditional leader.12. Persons disqualified from being members
No person is eligible to become a member of a local House if that person-13. Members of local House
14. Election of representatives to Provincial House
15. Seat and meetings of local House
16. Vacation of seats
17. Powers, functions and duties of local House
18. Chairperson and Deputy Chairperson
Chapter 4
General matters
19. Interpretation
In this chapter, unless the context otherwise indicates, “House” means the Provincial and local Houses.20. Rules and orders of the House
The House may make rules and orders in connection with the conduct of its business and proceedings, including rules and orders regulating-21. Quorum
The presence of at least one-third or when a vote is taken on a Bill by the Provincial House, of at least one-half, of all the members other than the Chairperson or other presiding member, is necessary to constitute a meeting of that House.22. Requisite majorities
All decisions of the House must be taken by the majority of members constituting the meeting of the House.23. Moneys payable to members
There must be paid out of and as a charge to the Provincial Revenue Fund of the Province to a member such moneys as may be determined by the President in terms of the Remuneration of Public Office Bearers Act, 1998 (Act No. 20 of 1998).24. Administration of the House
25. Powers, privileges and immunities of members of House and benefits of members
26. Regulations
The Premier may make regulations-27. Repeal of laws, transitional provisions and savings
28. Short title and commencement
This Act must be called the Limpopo Houses of Traditional Leaders Act, 2005, and comes into operation on a date determined by the Premier by proclamation in the Gazette.History of this document
01 April 2006
31 March 2006 this version
Cited documents 4
Legislation 2
1. | Constitution of the Republic of South Africa, 1996 | 585 citations |
2. | Republic of South Africa Constitution Act, 1983 | 165 citations |