Khoi-San Leadership Act: Here’s what it means for SA’s ‘first people’

President Cyril Ramaphosa has signed the contested Traditional and Khoi-San Leadership Act into law, paving the way for further recognition of Khoisan culture and structures.

The law, which has been praised for acknowledging the independence and culture of the Khoisan, makes several provisions, including the protection and promotion of relevant institutions.

“Furthermore, the Act directs that the kingship or queenship, principal traditional community, headmanship, headwomanship and Khoi-San communities must transform and adopt customary law and customs in a manner that is consistent with the principles contained in the Bill of Rights and Constitution” , the Presidency said in a statement.

“While certain traditional structures and leadership positions have been recognised by law in compliance with Constitutional prescripts, there has never before been statutory recognition of the Khoi-San.”

Critics of the Traditional and Khoi-San Leadership Act

In November last year, Khoisan leader Chief Khoisan SA led a protest outside Union Buildings, demanding Ramaphosa to address demands he had made in his memorandum, given to him in 2017 when he was still deputy president.

However several lobby groups have taken issue with the new law, expressing concern with how it affects traditional rule of law. Critics argue that traditional leaders will be given the right to enter into agreements on the use of land, without people’s consent.

Civil society had anticipated that Bill, signed in Parliament in February, would be sent back after two panel reports – one led by former President Kgalema Motlanthe and another being the president’s own Advisory Panel into Land Reform – warned that it would amount to a breach of fundamental Constitutional rights.

“The bill will almost certainly be challenged for undermining constitutional rights. If government starts to transfer the title of land from state to traditional leaders, that will also be legally challenged”, said Aninka Classens, chief researcher at the University of Cape Town’s Land and Accountability Research Centre.

Classens further adds that in light of the two reports’ recommendations, Ramaphosa had strong legal grounds on which to refer the Bill back to parliament.