, PAR1501
ASSIGNMENT 1 SEMESTER 2
2026
DUE 19 AUGUST 2026
1. Discuss the role of a traditional leader in the context of section 212 (2) of the Constitution of
South Africa. (3)
Section 212 of the Constitution serves as the foundational provision for the role of traditional
leaders within South Africa's democratic framework (Mkhari, 2019:45). Unlike a mandate that
imposes specific duties, section 212(2) provides a permissive framework, allowing for national
legislation to create structures for traditional leadership (Mkhari, 2019:45). The section states that:
(2) To deal with matters relating to traditional leadership, the role of traditional leaders, customary
law and the customs of communities observing a system of customary law—(a) national or
provincial legislation may provide for the establishment of houses of traditional leaders; and (b)
national legislation may establish a council of traditional leaders (Constitution of the Republic of
South Africa, 1996).
The key word here is "may," which signifies that it is an enabling clause for Parliament rather than a
command to create a specific role (Mkhari, 2019:46). Subsequent legislation, such as the
Traditional and Khoi-San Leadership Act of 2019, has been enacted to give effect to this provision
by establishing statutory functions for traditional leaders in areas like governance, dispute
resolution, and community administration (Mkhari, 2019:48). The practical role played by
traditional leaders includes promoting peace and stability, advising on customs, and supporting
service delivery (Mkhari, 2019:50). The implementation of these roles remains a subject of ongoing
debate and legislative refinement (Mkhari, 2019:49).
ASSIGNMENT 1 SEMESTER 2
2026
DUE 19 AUGUST 2026
1. Discuss the role of a traditional leader in the context of section 212 (2) of the Constitution of
South Africa. (3)
Section 212 of the Constitution serves as the foundational provision for the role of traditional
leaders within South Africa's democratic framework (Mkhari, 2019:45). Unlike a mandate that
imposes specific duties, section 212(2) provides a permissive framework, allowing for national
legislation to create structures for traditional leadership (Mkhari, 2019:45). The section states that:
(2) To deal with matters relating to traditional leadership, the role of traditional leaders, customary
law and the customs of communities observing a system of customary law—(a) national or
provincial legislation may provide for the establishment of houses of traditional leaders; and (b)
national legislation may establish a council of traditional leaders (Constitution of the Republic of
South Africa, 1996).
The key word here is "may," which signifies that it is an enabling clause for Parliament rather than a
command to create a specific role (Mkhari, 2019:46). Subsequent legislation, such as the
Traditional and Khoi-San Leadership Act of 2019, has been enacted to give effect to this provision
by establishing statutory functions for traditional leaders in areas like governance, dispute
resolution, and community administration (Mkhari, 2019:48). The practical role played by
traditional leaders includes promoting peace and stability, advising on customs, and supporting
service delivery (Mkhari, 2019:50). The implementation of these roles remains a subject of ongoing
debate and legislative refinement (Mkhari, 2019:49).
