TRADITIONAL & KHOI-SAN LEADERSHIP: REPLACEMENT BILL FORMALLY TABLED IN PARLIAMENT

TRADITIONAL & KHOI-SAN LEADERSHIP: REPLACEMENT BILL FORMALLY TABLED IN PARLIAMENT

• 22 April 2026
• Parliament
• SA Legal Academy

Parliamentary papers have confirmed that legislation intended to replace the 2019 Traditional & Khoi-San Leadership Act has now been formally introduced in Parliament. This is noting that:

• in May 2023, the Constitutional Court Act declared the Act invalid on the grounds of insufficient public participation during the parliamentary process
• in October 2025, the Court extended the deadline by which replacement legislation should be in force, and that
• a revised draft was submitted to Parliament in March 2026 for planning and information purposes.

As SA Legal Academy has already reported, the Bill is now expected to have been passed by Parliament and enacted by 29 May 2027.

Gazetted in draft form in November 2024 for public comment, the Bill seeks to:

• provide for the recognition of Khoi-San communities, leaders and structures
• ‘ensure an integrated approach in dealing with all matters relating to traditional and Khoi-San affairs’, and
• facilitate countrywide uniformity in dealing with such matters.

To that end, once passed and operationalised the proposed new piece of legislation is expected to address legal uncertainties and gaps identified in related statutes by:

• repealing:
  • the 2003 Traditional Leadership & Governance Framework Act, and
  • the 2009 National House of Traditional Leaders Act, and
• amending:
  • the 1997 Independent Commission for the Remuneration of Public Office-Bearers Act
  • the 1998 Remuneration of Public Office Bearers Act, and
  • the 1998 Local Government: Municipal Structures Act.

Please click the links below for more information:

• Bill
• parliamentary papers
• May 2019 Constitutional Court ruling
• October 2025 deadline extension
• November 2024 SA Legal Academy report

Published by SA Legal Academy Policy Watch

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