A Critical Discussion of the Law Regarding the Recognition of Traditional Leaders and the Role of the Royal Families in South Africa

Traditional leadership is constitutionally entrenched in section 212 of the South African Constitution, 1996. As it is the oldest form of government in the country, there is always curiosity pertaining to matters of traditional leadership. The place of traditional leadership in a democracy, where leaders are elected, is also debatable. However, the recent events in traditional communities, including the death of certain notable traditional leaders and the legal tussles that engulfed their nations following their deaths, have sparked an interest in the law regarding the recognition of traditional leaders. This article, therefore, critically discusses the law regarding the appointment of traditional leaders. It discusses the statutory law and the customary law of hereditary succession, as well as the role of royal families in governance. It also considers some contentious issues, such as the succession of people born out of wedlock and of women into positions of traditional leadership.