On 10 January, the NCOP convened a “special sitting” and passed the Traditional and Khoi-San Leadership Bill (TKLB) along with two other Bills. Eight provinces voted in the affirmative, while the Western Cape was the only province that voted against the TKLB. It is extremely concerning that the NCOP passed the TKLB as it will allow traditional councils to enter into partnerships and agreements relating to development or mining without the consent of the people whose land rights will be affected. In this way TKLB will undermine the Interim Protection of Informal Land Rights Act (IPILRA), which requires consent before anyone is deprived of their informal right to land. Furthermore TKLB will also undermine two recent judgements, in the Maledu and Baleni cases, which ordered that IPILRA be complied with. Please see a statement by the Stop the Bantustan Bills campaign in response to the Bill being passed by the NCOP.
In 2015, an ambitious albeit very important parliamentary process was initiated by the legislature’s Speakers’ Forum: to assess how effective post-1994 legislation has been in contributing to the transformation agenda of the developmental state, and the possible unintended consequences of these laws. This undertaking was led by a high-level panel (HLP) of eminent South Africans, headed by former President Kgalema Motlanthe. The panel produced a lengthy 601-page report that has been in the headlines sporadically since its release in November 2017.
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What is the TKLB? …More »
The debate about Expropriation without Compensation ignores threats to the property rights of the rural poor contained in bills before Parliament.
The NCOP Select Committee on Cooperative Governance and Traditional Affairs has invited stakeholders and interested people to make written submissions on the Traditional and Khoi-San Leadership Bill (TKLB). Submissions must be sent to the Committee Secretary, Mr. Thembile Moses Manele, at email@example.com. The closing date for submissions is 19 September 2018.