On 23 February 2023, the Constitutional Court of South Africa will hear oral arguments in the matter of Constance Mogale and Others v Speaker of the National Assembly and Others, CCT 73/2022.
The application being made is to declare the Traditional and Khoi-San Leadership Act 3 of 2019 (TKLA) invalid on procedural grounds, in that Parliament failed to conduct reasonable and meaningful public participation during the law-making process.
Access the court record and written submissions/heads of argument here:
- The record bundle
- The First and Second Applicants’ written submissions (Constance Mogale and LAMOSA)
- The Third and Fourth Applicants’ written submissions (Mashona Wetu Dlamini and Victor Modimakwane)
- The First and Second Respondents’ written submissions (Speaker of the National Assembly and Chairperson of the National Council of Provinces)
- The Eleventh Respondent’s written submissions (Speaker of the Western Cape Provincial Legislature)
- The Twelfth Respondent’s written submissions (Minister of Cooperative Governance and Traditional Affairs)
Here’s a reminder of why the Act is problematic, as outlined in the following resources and articles:
- Taking the Traditional and Khoi-San Leadership Act 3 of 2019 to court: a summary booklet in eight South African languages (2022)
- High Level Panel summary: traditional leadership laws (2018)
- Why the TKLA remains a fundamental threat to land rights (2020)
- A step backwards for human rights in SA (2020)
- Traditional and Khoi-San Leadership Act ‘brings back apartheid Bantustans’, say activists (2019)
Info / press: www.stopthebantustanbills.org