North West
South Africa
South Africa
North West Houses of Traditional Leaders Act, 2009
Act 3 of 2009
- Published in North West Provincial Gazette 6727 on 4 February 2010
- Assented to on 19 November 2009
- Commenced on 25 November 2009
- [This is the version of this document from 4 February 2010 and includes any amendments published up to 7 May 2024.]
Chapter 1
Interpretation
1. Definitions
Chapter 2
The Provincial House
2. Establishment of Provincial House of Traditional Leaders
3. Membership of Provincial House
4. Qualification for membership of Provincial House
5. Vacation of seats of Provincial House
6. Meetings of Provincial House
7. Functions of Provincial House
8. Election of Chairperson and Executive Committee of Provincial House
9. Status of members of Provincial House
10. Election of representatives to National House
The Provincial House must, in its first sitting, elect its representatives to serve in the National House in accordance with the provisions of the National House of Traditional Leaders Act, 1997 (Act No. 10 of 1997).Chapter 3
Local Houses
11. Establishment of Local Houses
12. Membership of Local House
13. Qualification for membership of Local House
14. Vacation of seats of Local House
15. Seat and meetings of Local House
16. Election of Chairperson and Executive Committee of Local House
17. Functions of Local House
Chapter 4
General provisions relating to Houses
18. Rules and orders of Houses
A house of traditional leaders must make rules and orders in connection with the conduct of its business and proceedings, including rules and orders regulating—19. Quorum
The presence of at least one-half of all the members other than the chairperson or other presiding member is necessary to constitute a quorum for a meeting of that House.20. Requisite majority
All decisions of the Houses must be taken by the majority of members constituting the meeting of the House: Provided that a decision to remove the chairperson or the deputy chairperson must be taken by two thirds of the total membership of a house.21. Moneys payable to members
There must be paid out of and as a charge to the Provincial Treasury Fund of the province to a member of any house 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).22. Powers, privileges and immunities of members of Houses and benefits of members
23. Houses may transact business notwithstanding vacancies
The House is not precluded from concluding any transaction of its official business by reason of any vacancy among the members thereof including any vacancy not filled when the House is constituted or is reconstituted, at any time.24. Administration and accountability of Houses
25. Record keeping and minutes of meetings
Each House must record and keep minutes of proceedings in respect of its meetings and must make copies of the minutes to be circulated to all the members of the House at least seven days before the date of its next meeting.26. Execution of process
A court process shall not be served or executed within the precincts of the House while it is in session.27. Freedom from arrest
A member of the House may not be arrested—28. Control of entry
29. Relationship between Provincial House, Local Houses and traditional councils
30. Relationship between Provincial House and Provincial Legislature
31. Relationship between Provincial House and Executive Council
The Premier, after consultation with the Provincial House and the Provincial Legislature, must determine the relationship between the subcommittees of the Provincial House and the Portfolio Committees of the Provincial Legislature.32. Support to Houses
33. National and Provincial Codes of conduct
The Code of Conduct contained in Schedule 3 applies to all members of the Provincial House and Local Houses.34. Oath of office
Newly elected members of the Provincial House and Local Houses assume office only after swearing or affirming faithfulness to the Province and obedience to the Constitution in accordance with the oath of office contained in Schedule 2, before a judge president or a judge designated by him.35. Regulatory powers
36. Delegation of powers and assignment of duties by Premier
37. Offences and penalties
38. Transitional arrangements
39. Repeal of laws
The laws listed in Schedule A are hereby repealed to the extent indicated in the Schedule.40. Short title
This Act is called the North West Houses of Traditional Leaders Act, 2009 and it comes into operation on a date determined by the Premier.History of this document
04 February 2010 this version
25 November 2009
Commenced
19 November 2009
Assented to
Subsidiary legislation
Title | Numbered title |
---|---|
Rules Regulating the Election of Members of Local Houses and the Provincial House of Traditional Leaders in the North West | Provincial Notice 159 of 2017 |
Documents citing this one 1
Legislation 1
1. | Rules Regulating the Election of Members of Local Houses and the Provincial House of Traditional Leaders in the North West |