On 30 May 2023, the Constitutional Court delivered a judgment declaring the Traditional and Khoi-San Leadership Act No. 3 of 2019 (the TKLA) unconstitutional in Constance Mogale and Others v Speaker of the National Assembly and Others (https://tinyurl.com/TKLA-decision ).
This was after the Constitutional Court had heard rural citizens’ objections to the poor public participation conducted by Parliament and Provincial Legislatures while making the law at a hearing on 23 February 2023
Here are links to radio interviews where some of the rural citizens and members of civil society got opportunities to speak out about why it was important for the constitutional validity of the TKLA to be challenged.
- Thabisa Mhlahlo, Eastern Cape Provincial Coordinator of the Alliance for Rural Democracy, speaking on Apha Naphaya on Umhlobo Wenene FM. Please note the interview was conducted in isiXhosa (03 February 2023) https://tinyurl.com/Umhlobo-Wenene-Interview
The interview elicited further debate on the Apha Naphaya’s Facebook page, accessible here https://tinyurl.com/Umhlobo-Wenene-Comments Comments from many followers confirmed the Constitutional Court’s findings that people were not given a proper opportunity to provide feedback on the TKLA when it was a bill, as it was apparent that many did not know about it.
- Rev Mbhekiseni Mavuso, KwaZulu-Natal Provincial Coordinator of the Alliance for Rural Democracy, speaking on Ukhozi FM. Please note that the interview was conducted in isiZulu (09 February 2023) Click here to listen to the interview.
- Constance Mogale, National Coordinator of the Alliance for Rural Democracy and Thiyane Duda, Researcher at the Land and Accountability Research Centre, University of Cape Town speaking in SA FM (14 February 2023) https://omny.fm/shows/late-night-conversation/social-conversations-traditional-and-khoi-san-lead
