21.     Recognition of Kgosi by tribal community

          (1) The Minister may, where a person has been designated as a Kgosi by a tribal community, recognise such person as Kgosi of that tribal community, and may, where he or she considers it appropriate, in like manner withdraw such recognition in accordance with section 15.

          (2) A Kgosi shall have, in relation to the tribal community of which he or she is Kgosi, such of the powers and duties of a Kgosi as may be specified by the Minister by notice published in the Gazette.

22.     Kgosana and Moemela Kgosi

          (1) A Kgosi may, after consultation with the people of the area at a kgotla in the customary manner and with the approval of the Minister, recognise any person designated by his or her tribe as Kgosana in respect of the area of his or her tribal territory or tribal area and may in like manner withdraw the recognition.

          (2) A Kgosi may, after consultation with the people of the area, and with the approval of the Minister, appoint any person as his or her Moemela Kgosi in respect of any area of his or her tribal territory or tribal area and may in like manner terminate the appointment.

          (3) The Minister may, if he or she is satisfied that-

    (a)     the recognition of a Kgosana has been made without due consideration of the wishes and interests of the people of the tribal territory or tribal area, cancel the recognition of such Kgosana, and may recognise as Kgosana such person as he or she considers appropriate after consultation with the people of the tribal territory or tribal area, as the case may be;

    (b)     the appointment of the person proposed by the Kgosi as his or her Moemela Kgosi would not be in the interests of the people of the area, make such appointment as he or she considers appropriate after consultation with the tribe; or

    (c)     the Kgosi is wilfully failing or refusing to fulfil his or her responsibilities under this section, recognise as Kgosana or appoint a Moemela Kgosi, as the case may be, such person as he or she considers appropriate after consultation with the people of the area,

and any recognition or appointment made by the Minister under this subsection shall not be withdrawn or terminated by the Kgosi.

          (4) A Kgosana or Moemela Kgosi shall have, in relation to the area of the tribal territory or tribal area in respect of which he or she has been recognised or appointed, such of the powers and duties of the Kgosi as the Kgosi may from time to time delegate to him or her.

          (5) Every delegation made in pursuance of subsection (4) shall be made known following consultations at a kgotla meeting to the persons likely to be affected thereby.