The Constitution states that provincial or national legislation may provide for the establishment of houses of traditional leaders and a council of traditional leaders. Perhaps once these have been established the proper role of traditional leaders would become clearer. Contralesa is not convinced that these houses will be established as the Constitution does not enforce it. Some provinces have not shown any inclination towards establishing these houses. Traditional leaders have never been comfortable in Western institutions and if they are going to be expected to take part in debates even on issues pertaining to traditional customs, they will be conspicuous by the absence in these houses or will their silence be deathly.
Traditional leaders are more comfortable in their areas of jurisdiction among their subjects.
Women are not eligible for ascent to the paramountcy or chieftaincy of a particular group. This male dominance violates the principle of equality between people and is apparently in conflict with the Bill of Rights enshrined in the Constitution. The Bill of Rights stipulates that nobody should be discriminated against on the basis of race, religion, language, sex, ethnic and social origin in life generally. The Interim Constitution had made provision for this institution. The Final Constitution, despite recognising the institution, does not make provision for its functioning.