This chapter deals with traditional leaders and their role in our democracy. The role and status of traditional leadership according to customary law are recognised. It allows for traditional authorities to function within the framework of the country’s legal system.
The Constitution establishes a National Council of Traditional Leaders and Provincial Councils of Traditional Leaders. These councils allow traditional leaders to play an advisory role in matters relating to traditional leaders and customary law in national and provincial governments.
This chapter also serves as recognition of African customary law as part of the law of South Africa. The chapter states that the courts can apply customary law in appropriate cases as long as that customary law is consistent with the Constitution.