Chapter 24 - Traditional leadership and governance

Question 1

What are examples of traditional determinations?

Answer 1

1. The allocation or refusal of residential and agricultural land
2. The permission or refusal of immigration or emigration
3. The permission or refusal to gather natural products for communal land

Question 2

In a determination, who is the author of the act?

Answer 2

According to African customary law, the ruler (king or queen, senior traditional leader, headman or headwoman) is the organ of authority who acts as the author of the determination from which all the duties of the subjects, or the particular subjects, flow.

Question 3

What are the formal requirements of an administrative determination related to?

Answer 3

1. The announcement thereof
2. Its content
3. The correct procedures

Question 4

What are the requirements for a reasonable act?

Answer 4

1. The consequences and effect of the act must be possible.
2. The rights and freedoms of subjects must not be exceedingly burdened by the exercise of discretion.
3. There must be no discrimination between individuals or groups, except where the law permits it.

Question 5

Explain mediation in terms of administrative action

Answer 5

Mediation involves the out-of-court resolution of disputes through the intervention of a third party.

Question 6

Explain judicial control according to customary law.

Answer 6

African customary law does not allow a court action by a subject to oppose an administrative action of the ruler in the tribal court.

Question 7

Explain internal review according to the common law

Answer 7

the local magistrate, the provincial minister entrusted with traditional authorities, and the president can review the administrative actions of the traditional ruler.

Question 8

Explain Judicial control according to common law

Answer 8

The subject can

1. Apply for review of the validity of the administrative action
2. Apply for an interdict
3. Apply for a mandamus