Property rights and the powers and functions of traditional leaders are two areas within the Constitution of South Africa that have yet to be tested through judicial interpretation. 

With regard to generic legislation, the Traditional Leadership and Governance Framework Act of 2003 seemed to have struck the delicate balance, and it survived for some 20 years. However, besides the exclusion of Khoisan communities, it suffered from a few weaknesses, such as platforms of accountability and democratic representation (inclusive of gender); and the persistent complaint of some communities that the Act was largely observed in the breach.

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