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TRADITIONAL & KHOI-SAN LEADERSHIP: DRAFT BILL OUT FOR COMMENT
- 29 November 2024
- Local & Provincial Government
- SA Legal Academy
Please note:1) On 20 December 2024, the department gazetted a notice extending the deadline for comment to 28 February 2025. 2) On 30 May 2025, the Ministry of Co-operative Governance & Traditional Affairs issued a media statement announcing that the Constitutional Court has suspended its declaration of the Traditional & Khoi-San Leadership Act’s invalidity to 29 May 2027, allowing additional time for the Bill to be finalised, considered by Parliament and enacted.
The Department of Co-operative Governance & Traditional Affairs has gazetted a draft Traditional & Khoi-San Leadership Bill with a call for input by 29 December 2024. This is noting that:
- the 2003 Act and 2009 amending legislation were repealed in 2020, when the prevailing Traditional & Khoi-San Leadership Act came into force
- the 2009 National House of Traditional Leaders Act was also repealed that year
- in May 2023, the Constitutional Court ruled that there had been ‘insufficient … public participation’ during the passage of the Bill concerned through Parliament, and that
- the Traditional Affairs General Amendment Bill tabled in 2022 was later withdrawn.
Against that backdrop, the draft Bill’s purpose is to:
- formally recognise the Khoi-San, and
- repeal and replace the 2019 Act.
This is according to a memorandum on the draft Bill’s objects, which also notes that the proposed replacement legislation includes provisions informed by the possibility that Parliament may not have passed it by the time the Constitutional Court deadline expires.
Published by SA Legal Academy Policy Watch
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