ANNEXURE A

Published in Monograph No 115, April 2005

Traditional Justice in Practice
A Limpopo Case Study

Boyane Tshehla

Government Gazette 19 December 2003

Act No. 41,2003

Traditional Leadership and Governance Framework Act, 2003

Code of Conduct

General conduct of traditional leader

1. A traditional leader:

• must perform the functions allocated to him or her in good faith, diligently, honestly and in a transparent manner;

• must fulfil his or her role in an efficient manner;

• may not conduct himself or herself in a disgraceful, improper or unbecoming manner;

• must comply with any applicable legislation;

• must act in the best interest of the traditional community or communities he or she serves;

• must promote unity amongst traditional communities;

• may not embark on actions that would create division within or amongst traditional communities;

• must promote nation building;

• may not refuse to provide any service to a person on political or ideological grounds;

• must foster good relations with the organs of state with whom he or she interacts;

• must promote the principles of a democratic and open society; and

• must disclose gifts received.

General conduct of traditional council

2. A traditional council must-

(a) perform the functions allocated to it in good faith, diligently, honestly and in

(b) execute its duties in an efficient manner;

(c) comply with any applicable legislation;

(d) act in the best interest of the traditional community it serves;

(e) give effect to the principles governing public administration set out in section

(f) foster good relations with the organs of state with whom it interacts.