Land questions dominate debate ahead of Khoisan Leaders Bill
Land rights and leadership issues have been highlighted ahead of the tabling of the new Traditional and Khoisan Leaders Bill.
Several important questions have been raised ahead of the formal tabling of the Traditional and Khoisan Leaders Bill, a law aimed at recognising Khoi and San communities and their leadership structures.
The Portfolio Committee on Cooperative Governance and Traditional Affairs (COGTA) recently received an early briefing from the Department of Traditional Affairs on the draft legislation.
The bill is expected to be formally introduced in Parliament later this month.
It seeks to correct gaps in the Traditional Leadership and Governance Framework Act of 2003 and provide a clearer system for recognising Khoisan leadership.
The new draft follows a Constitutional Court ruling which found that the earlier law had not gone through proper public participation processes.
The draft bill retains several principles of the 2019 Act but also introduces some improvements.
Some of these improvements relate to the recognition of Khoi-San kingships and queenships, stronger community participation, proportional representation, mandatory genealogical documentation and a requirement for 50% representation of women in leadership structures.
Parliament was given additional time until May 2027 to finalise a revised version that meets constitutional requirements.
Key Khoisan leadership concerns raised
During Friday’s briefing, the Committee highlighted several sensitive issues that still need careful consideration.
One concern was the historic land question, particularly how land dispossession dating back to the 1913 Land Act affects the recognition of Khoisan leaders.
“Unless we remove that 1913 (date) when we talk about land, most of the Khoi-San people will never have land,” said Committee member Glen Taaibosch.
“If that question is not addressed, how would I be a king or a queen if I don’t have any land?” he asked.
Another challenge is recognising communities living in urban areas who identify with Khoisan heritage but may not live in traditional territories.
Committee chairperson Dr Zweli Mkhize said the recognition process must also account for communities whose customs and traditions have been weakened over time due to colonisation and displacement.
“You do need to find mechanisms to deal with situations where the institutional memory of customs and traditions has been eroded,” he said.
Mkhize noted that the bill represents an important step, but warned that the recognition process is likely to be lengthy and complex.
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