Amahlathi court victory to disestablish imposed senior traditional leadership

03 Jul 2017

On 27 June, Honourable Mr Justice Mageza at Bhisho High Court in the Eastern Cape granted an order  to disestablish the senior traditional leadership over Amahlathi traditional community. The case was brought by the Amahlathi Cri­sis Com­mit­tee, rep­re­sent­ing eight vil­lages near King Williams Town. The Com­mit­tee was rep­re­sented by the Legal Resources Cen­tre.

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Public Proctector’s report on the alleged maladministration of the Bapo Ba Mogale’s “D-account”

03 Jul 2017

During March 2012, a complaint was lodged with the Public Protector by members of the Bapo Ba Mogale community into the alleged improper prejudice suffered by the community as a result of the maladministration by the former Bapo Ba Mogale Administration and the North West Department of Local Government and Traditional Affairs in the management of the Bapo Ba Mogale D-Account. The investigation was conducted in terms of Section 182 of the Constitution and Section 6(4) of the Public Protector Act.

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“This Land”

30 Jun 2017

This Land is a 48-minute narrative documentary about the struggle for land in the rural areas of KwaZulu-Natal, South Africa. This vivid documentary was commissioned by the Land & Accountability Research Centre (LARC) at UCT as a way for rural people to bring the untold story of their struggle for rights and accountability on communal land into urban forums of legislative, political and corporate decision-making. This film is a critical contribution to the accelerating national debate about rights relating to land use and ownership in deep rural areas seldom visited by thought leaders, policymakers and legislators. The film reflects national challenges in visits to three areas of KwaZulu-Natal; Makhasaneni, Somkhele and Babanango.

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Next Mining Charter will be most revolutionary tool ever – Zwane

16 May 2017| by Brendan Boyle

Mineral Resources Minister Mosebenzi Zwane has promised to release what he called a revolutionary new Mining Charter within a few weeks.

The mining industry and civil society organisations monitoring mining have been waiting for a year to see a final update of the Broad Based Socio Economic Empowerment Charter for the South African Mining Industry.

Speaking to reporters ahead of his budget speech to Parliament on Tuesday, Zwane said he had taken a year to listen to government departments, the mining industry and civil society about their concerns over the draft released in April 2016.

“In a few weeks from now, it is going to be gazetted and I can tell you that it is going to be one of the (most) revolutionary tools to be ever seen on the South African soil, balanced with the feelings of investors, because we are a responsible government,” he said. …More »

Bapo: conflicts arising with land allocation

16 May 2017| by Sobantu Mzwakali

At the heart of a dispute for the headman-ship at Bapo Ba Mogale, a community in North West, is a land allocation process that leaves villagers stranded.

Lonmin mining infrastructure towers over the Bapo Ba Mogale landscape.

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A veneer of legality to disguise total system failure of traditional councils

03 Jul 2017| by Ayesha Motala & Thiyane Duda

Rural democracy is under siege and the law is being used as a tool to attack and further marginalise the most vulnerable of South African citizens. The latest strike is the Traditional Leadership and Governance Framework Amendment Bill, which was introduced in the National Assembly by the Department of Traditional Affairs in March

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Traditional and Khoi-San Leadership Bill: Rules of Engagement

17 May 2017| by Marelise van der Merwe

The Traditional and Khoisan Leadership Bill could be adopted as early as the end of the year, if the Portfolio Committee on Co-operative Governance and Traditional Affairs has its way. But if input from citizens submitted via the public hearings report to the National Assembly last week is anything to go by, there’s still a long way to go before agreement is reached on several key issues. Not least, ongoing concerns that the Bill is a thinly-veiled attempt to cement apartheid boundaries and let traditional leaders act with impunity. Will the call for “meaningful” feedback result in meaningful amendments?

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A Matter of Justice:Land reform – don’t blame the Constitution

12 Apr 2017| by Carmel Rickard

‘We failed, finish en klaar.’ The ANC’s Chief Whip Jackson Mthembu was speaking about the way land reform has stalled in South Africa when he wrote this comment. But he could just as well have been scripting a preview to a depressing new judgment by the Land Claims Court issued last week.

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Traditional and Khoi-San Leadership Bill: MPs failed dismally to consult the public

06 Apr 2017| by Sobantu Mzwakali

Flawed hearings made a mockery of constitutional requirements. Parliament has failed dismally to consult the communities most affected by the Traditional and Khoi-San Leadership Bill.

The recent parliamentary hearings on the Traditional and Khoi-San Leadership Bill made a mockery of the constitutional requirement of meaningful and substantive consultation in the development and passing of laws.

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Communal land belongs to the people, not to the chiefs

06 Apr 2017| by Thiyane Duda

It’s time the South African government made it clear that traditional leaders do not legally own the communal land that lies within the boundaries of our former homelands.

The Minister of Co-operative Governance and Traditional Affairs (CoGTA), Des van Rooyen, and the Director-General of Traditional Affairs, Professor Charles Nwaila, peddled this myth most recently on 21 February when they briefed the CoGTA portfolio committee on the impact of the State of the Nation address. …More »