Chieftaincy and House of Chiefs

The institution of chieftaincy and traditional institutions are guaranteed and shall exist in accordance with the culture, customs and traditions of the people to whom they apply.

Parliament shall not enact legislation which’ (a) confers on a person or authority the right to recognise or withdraw the recognition of a chief; or (b) derogates from the honour and dignity of the institution of chieftaincy.

The institution of chieftaincy’ (a) is a corporation sole with perpetual succession and capacity to sue and be sued; and (b) has capacity to hold property in trust for its subjects.

A chief’ (a) may own property in a personal capacity; and (b) shall enjoy privileges and benefits’ (i) bestowed on the office of chief by or under culture, custom and tradition; and (ii) attached to the office of chief, as prescribed.

Subject to clause (2), a chief may seek and hold a public office.

A chief who seeks to hold office in a political party or election or appointment to a State office, except that of councillor, shall abdicate the chief’s throne.

The role of a chief in the management, control and sharing of natural and other resources in the Chiefdom shall be prescribed.

There is established a House of Chiefs.

The House of Chiefs shall consist of five chiefs from each province, elected by the chiefs in a Province, as prescribed.

The members of the House of Chiefs shall annually elect a Chairperson and Vice-Chairperson of the House of Chiefs, from amongst themselves.

Notwithstanding clause (3), the assumption of office as Chairperson and Vice-Chairperson of the House of Chiefs shall rotate annually amongst the chiefs from each province.

The functions of the House of Chiefs are to’ (a) consider and discuss a Bill relating to custom or tradition referred to it by the President, before the Bill is introduced into the National Assembly; (b) initiate, discuss and make recommendations to the National Assembly regarding socio-economic development in the Province; (c) initiate, discuss and decide on matters relating to customary law and practice; (d) initiate, discuss and make recommendations to a local authority regarding the welfare of communities in a local authority; (e) make proposals on areas in customary law that require codification; (f) advise the Government on traditional and customary matters; and (g) perform other functions as prescribed.

A Member of the House of Chiefs’ (a) shall hold office for a term of five years and is eligible for election for a further term of five years; and (b) may resign by one month’s notice, in writing, to the Chairperson.

The office of a member of the House of Chiefs becomes vacant if the Chief’ (a) dies; (b) ceases to be a chief; (c) resigns; (d) is convicted of an offence; (e) is an undischarged bankrupt; or (f) has a mental or physical disability that makes the chief incapable of performing the functions of a member of the House of Chiefs.

There shall be a Clerk of the House of Chiefs and other staff, as prescribed.

The office of the Clerk of the House of Chiefs and other staff of the House of Chiefs are offices in the public service.

The following matters shall be prescribed’ (a) the procedures and processes of the House of Chiefs; (b) the emoluments of the Clerk and other staff of the House of Chiefs; (c) the application of the privileges and immunities of a Member of Parliament to a member of the House of Chiefs; and (d) other matters necessary for the better carrying out of the purposes of this Part. [Part XII, previously Part XI amended by Act No. 18 of 1996; renumbered and substituted by section 8 of Act 2 of 2016]