On 30 May 2023, the Constitutional Court declared the Traditional and Khoi-San Leadership Act 3 of 2019 unconstitutional and invalid based on Parliament’s failure to conduct reasonable public participation. Various articles have been written on the court victory, and can be accessed below.
Traditional and Khoi-San Leadership Act fails the test, says Concourt
By: Chevon Booysen
The Constitutional Court has sent Parliament back to the drawing board after it found provincial legislatures failed to fulfil their constitutional obligations to facilitate public involvement when passing the Traditional and Khoi-San Leadership Act 3 of 2019. Read more here…
This article first appeared in IOL on 31 May 2023.
‘Major victory’ — activists and civil society hail judgment declaring Traditional and Khoi-San Leadership Act invalid
The judgment, said one activist, ‘brought hope for the rural masses, and courage to scream louder in defence of rural democracy, irrespective of how hard the rural voices are ignored by Parliament.’ Read more here…
This article first appeared in Daily Maverick on 30 May 2023.
ConCourt declares Traditional and Kho-San Leadership Act Invalid
But a group led by land activist Constance Mogale and the Land Access Movement of South Africa challenged the act, arguing it also ushered in other changes, which, for example, negatively impacted land rights holders and that proper public consultation did not take place. Read more here…
This article first appeared in Eye Witness News on 30 May 2023.
LAMOSA thrilled after Traditional and Khoi-San Leadership Act Declared Invalid
Parliament will now have to start the process again and Lamosa coordinator, Emily Tjale, said that the affected communities must be involved from the onset, this time around. Read more here…
This article first appeared in Eye Witness News on 30 May 2023.
LRC on Khoi-San Leadership Act ruling: ‘Historic moment for SA’s democracy’
The Legal Resources Centre (LRC) has described the Constitutional Court’s ruling on the Traditional and Khoi-San Leadership Act – as “a historic moment for our democracy”. Read more here…
This article first appeared in Eye Witness News on 31 May 2023.
Not enough public participation: Constitutional Court scraps Traditional and Khoi-San Leadership Act
“The importance of public participation in South Africa cannot be understated,” say judges. Read more here…
This article first appeared in GroundUp on 30 May 2023.
Parliament accepts ConCourt judgement on the Traditional and Khoi-San Leadership Act
Press Release
Parliament of the Republic of South Africa notes and accepts the judgement of the Constitutional Court in the matter between Constance Mogale & Others versus the National Assembly (NA) & Others, relating to how the NA and nine provincial legislatures carried out public participation during the processing of the Traditional and Khoisan Leadership Act of 2019. Read more here…
This press release first appeared on the Parliament of South Africa’s website on 30 May 2023.
ConCourt declares Traditional and Khoi-San Leadership Act invalid as parliament failed to consult affected communities
Parliament given two years to bring the act in a manner consistent with the Constitution. Read more here…
This article first appeared in Time’s Live on 30 May 2023.
