News

Khoi-San leaders challenge premise of TKLB at public hearings, demand land

06 Dec 2016| by Brendan Boyle
John Klaasen, "The Last Strandloper"

John Klaasen, “The Last Strandloper”

Communities of the Western Cape are not all buying the premise of the Traditional and Khoi-San Leadership Bill, which proposes different forms of recognition for Khoi-San traditional communities and those in the former Bantustans.

Participants at public hearings last week at Swellendam and Oudtshoorn largely welcomed the proposal of the Bill, which allows for the first time for formal recognition of Khoi and San traditional communities.

But land for Khoi-San people quickly emerged as a missing element in the draft proposed to consolidate and update legislation giving effect to the Constitution’s recognition of traditional leadership. …More »

First TKLB hearing collapses as MPs fail to arrive

25 Nov 2016| by Sobantu Mzwakali

The first public hearing on the contested Traditional and Khoi-San Leadership Bill (TKLB) was abandoned in Kimberley on Thursday when MPs failed to arrive.

About 350 people from surrounding communities did arrive in time for the scheduled 10am start of the hearing in the RC Elliot Hall in Kimberley’s Galeshewe township, but found there were too few chairs, no sound system in place and no MPs present from the National Assembly’s portfolio committee on Co-operative Governance and Traditional Affairs. …More »

Traditional Affairs Bill not set in stone – committee chair

23 Nov 2016| by Brendan Boyle

The chairperson of parliament’s portfolio committee on traditional affairs said on the eve of public hearings on the Traditional and Khoi-San Leadership Bill (TKLB) that he was open to a radical review of the government’s draft.

Richard Mdakane said in an interview at Parliament his committee would be willing even to challenge the reaffirmation of former homeland geographic borders and imposed traditional authority, as proposed in the TKLB.

“We are lawmakers really. We should be able to amend any Bill,” he said. …More »

Bapo traditional council tries to defy court

24 Oct 2016| by Brendan Boyle

The Bapo Ba Mogale Traditional Council on Thursday (19 October) refused to readmit two elected councillors whose two-year suspension was recently ruled “irrational and procedurally unfair”.

…More »

Opinion

South Africa’s traditional leadership proposal, the TKLB, is desperate and dangerous

06 Dec 2016| by Aninka Claassens

The Traditional and Khoi-San Leadership Bill (TKLB) currently before Parliament is both dangerous and desperately last ditch. It poses a direct threat to the basic rights of the poorest South Africans – the 18 million people living in former homeland areas, where the law would apply – in that it seeks to legalise a version of unilateral chiefly authority that both Parliament and the Constitutional Court have rejected.

The Bill, which is being tested in public hearings across the country, seeks to replace the current Traditional Leadership and Governance Framework Act of 2003, which connects communal land with traditional courts by superimposing apartheid tribal identities on those living in former homeland areas. …More »

Hope for battle-weary mining community

20 Jul 2016| by Aninka Claassens

North West Premier Supra Mahumapelo has done little to find out what has happened to mining funds. Rural groups across the country face huge legal and logistical obstacles when they try to hold traditional leaders and the government to account for mining deals on their land.

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Black people on communal land at mercy of mining firms

20 Jul 2016| by Joanna Pickering

A wealthy commercial farm owner is approached by a mining company that has been licensed by the state to mine on his land. The company approaches the farm owner to negotiate a surface lease. The farm owner employs a legal team, has his farmland and commercial operations valued and negotiates a lease consonant with the loss of revenue he would suffer as a consequence of the mining operation. Mining goes ahead, everybody wins, right?

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KZN land tenure is injury and insult

24 Jun 2016| by Philile Ntuli

WHEN King Goodwill Zwelithini announced recently that title deeds would be issued to households in rural KwaZulu-Natal, he omitted to say how this would fit in with the long-term lease agreements being issued by the Ingonyama Trust Board, of which he is the sole trustee.

…More »

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