REPUBLIC OF SOUTH AFRICA COMBINED SECOND PERIODIC REPORT UNDER THE AFRICAN CHARTER ON HUMAN AND PEOPLE`S RIGHTS and INITIAL REPORT UNDER THE PROTOCOL TO THE AFRICAN CHARTER ON THE RIGHTS OF WOMEN IN AFRICA Creation of the Department of Traditional Affairs 202 203 356. Chapter 11 of the Constitution states that the institution, status and roles of traditional leadership, according to customary law, are recognised, subject to the Constitution. The establishment of the Department of Traditional Affairs was approved by Cabinet on 5 March 2008. The former Department of Provincial and Local Government was given a mandate deriving from a March 2008 Cabinet decision to drive the processes for the establishment of this new department. 357. The strategic role of the department is not only to assist the institution of traditional and the Khoi-san leadership to transform themselves to be strategic partners with Government in the development of their communities, but also to coordinate the traditional affairs activities of the Department and those of other Departments at national, provincial and local government levels. This is meant to ensure that their needs in terms of development, service delivery, governance, access to indigenous knowledge systems, traditional courts and indigenous law, traditional healing and medicine are adequately met. 358. The Department of Traditional Affairs was established in April 2010 to underline the critical focus on traditional leadership. This signifies the importance that is placed on the role and place of traditional leaders in the lives of people, especially in rural areas. The department is working on a range of policies which, among other things, include policy on unity and diversity, initiation, traditional healing, traditional leaders protocol, family trees, involvement of the Khoisan people in the system of governance in South Africa, and remuneration and benefits of traditional leaders based on uniform norms and standards. 359. In 2011, the Department introduced the National Traditional Affairs Bill, which provided for the recognition of Khoi-San communities, leaders and councils. The Bill also provided for the establishment of an advisory committee which would investigate and make recommendations on the recognition of Khoi-San communities and leaders. In order to accommodate all the matters relating to the Khoi-San, it was decided to replace the Traditional Leadership and Governance Framework Act, 2003202 and the National House of Traditional Leaders Act, 2009203 with a single comprehensive Bill dealing with all matters relating to traditional and Khoi-San leadership and governance matters as well as matters relating to the houses of Traditional Leaders. This recognition is now contained in the National Traditional Affairs Bill. This Bill makes provision for the KhoiSan to indisputably become part of traditional structures and will ensure that the interests of the Khoi-San will in future be protected and promoted. Furthermore, to ensure uniformity, existing legislation is also to be consolidated. Act No. 41 of 2003 Act No. 22 of 2009 102