The Traditional and Khoi-San Leadership Act 3 of 2019 (“TKLA”) was enacted in 2019.
The TKLA was challenged in court, and in May 2023, the Constitutional Court in Mogale v Speaker of the National Assembly declared the TKLA to be unconstitutional and invalid. The Court found that Parliament had failed to ensure sufficient public participation on the Act, which is a violation of sections 59 and 72 of the Constitution. The Constitutional Court suspended this order for 24 months to give Parliament the opportunity to rectify the errors of the TKLA.
Consequently, the TKLA remains in effect until new legislation is enacted which must be done by May 2025.
On 29 November 2024, the Department of Cooperative Governance and Traditional Affairs (CoGTA) published the draft Traditional and Khoi-San Leadership Bill 2024 (“TKLB / the Bill”) for public comment.
The deadline for these comments is Friday 28 February 2025.
This resource was developed by Natural Justice to empower Khoi, San, and Traditional communities affected by the Bill. It simplifies the Bill and the legislative process, helping communities submit comments and participate in future public engagement processes.
A Factsheet about the Bill and how to comment is available here.
You can also download a copy of the Bill here.
