Traditional Leadership Bill Returned to NA

Department of Cooperative Governance and Traditional Affairs

The Traditional Leadership and Governance Framework Amendment Bill has been amended by the national council of provinces and returned to the national assembly for concurrence.

The bill was tabled in parliament in March 2017.

It aims to amend the Traditional Leadership and Governance Framework Act, 2003 in order to:

•    make provision for extended timeframes within which kingship or queenship councils and traditional councils must be established;
•    provide for extended timeframes within which community authorities have to be disestablished;
•    align the term of office of tribal authorities, traditional councils and kingship or queenship councils with the term of the National House of Traditional Leaders; and
•    provide for matters connected therewith.

During its deliberations, the portfolio committee on cooperative governance and traditional affairs adopted the bill with amendments.

A new clause 1 and clause 2 were inserted. Clause 2 deals with the election of traditional council members to community councils.

The select committee on cooperative governance and traditional affairs, during its deliberations, amended clause 1 to include reference to the setting up of a kingship or queenship council by kingships or queenships in place prior to the commencement of the amendment act within two years of the commencement.

The portfolio committee on cooperative governance and traditional leadership will process the bill.

Meanwhile, the Customary Initiation Bill has been passed by the national assembly and sent to the national council of provinces for concurrence.

The bill was tabled in parliament in April 2018.

The Customary Initiation Bill seeks to:

•    provide for the effective regulation of customary initiation practices;
•    provide for the establishment of a National Initiation Oversight Committee and Provincial Initiation Coordinating Committees and their functions;
•    provide for the responsibilities, roles and functions of the various role-players involved in initiation practices as such or in the governance aspects thereof;
•    provide for the effective regulation of initiation schools;
•    provide for regulatory powers of the Minister and Premiers;
•    provide for the monitoring of the implementation of this Act;
•    provide for provincial peculiarities; and
•    provide for matters connected therewith.

During its deliberations, the portfolio committee on cooperative governance and traditional affairs inserted a new definition for “medical practitioner” into the bill.

A medical practitioner is defined as a “general practitioner or family physician in medicine who, in accordance with the provisions of the Regulations Relating to the Registration of Persons as General Practitioners and Family Physicians in Medicine, as published under Government Notice No. R1200 of 28 November 2000, is registered with the Medical and Dental Professional Board established by Government Notice No. R.75 of 16 January 1998”.

The select committee on cooperative governance and traditional affairs will process the bill.

Sabinet Cape Town Office

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