Statement
In a unanimous judgment, the South African Constitutional Court declared the Traditional and Khoi-San Leadership Act unconstitutional, citing parliament's failure in facilitating public participation
Rural communities, activists, and land rights organisations across South Africa have long been advocating for transparency, accountability, and inclusive land governance. They approached the court in December 2021, highlighting the parliament's failure to fulfill its constitutional duty to facilitate public participation during the formulation and passing of the Traditional and Khoi-San Leadership Act. This Act, if implemented, would have had severe consequences for rural communities, granting extensive powers over land to traditional authorities while neglecting democratic principles and mechanisms for community accountability.
"Communal law cannot be perceived as homogeneous, as it fails to account for the diverse lived experiences of people across South Africa. Our nation consists of various historical and ethnic groups, each with unique cultural interlinkages," said Kearabetswe Moopelo, Facilitator of LandNNES, the National Land Coalition in South Africa.
Members of traditional communities have been bravely raising concerns about corrupt and unlawful practices by their leaders for nearly two decades. Their efforts to safeguard their land and assets, and to protect their rights, have faced significant obstacles. The Court's ruling has justified these concerns and sent a strong message to Parliament that it must respect the rights of all South Africans, including traditional and Khoi-San communities.
We commend the Constitutional Court for upholding the principles of democracy and recognising the paramount importance of meaningful public engagement in the legislative process. The ruling underscores the fundamental rights of individuals and communities to have their voices heard and to participate in decisions that directly impact their lives.
ILC Africa remains steadfast in our commitment to supporting efforts that advance land rights, democracy, and inclusive governance across Africa. We will continue to monitor developments related to the Traditional and Khoi-San Leadership Act and actively advocate for the protection of rural communities' rights and interests.