On 23 February, the Constitutional Court will hear oral arguments about whether the processes and public participation conducted by Parliament to pass the Traditional and Khoi-San Leadership Act 3 of 2019 was adequate in terms of the Constitution.
The Act recognises Khoi-San communities and leaders for the first time in South Africa, but it also has alarming consequences for rural democracy.
The legal challenge is brought by organisations and rural communities in the former bantustans who believe that the Act poses many dangers to the constitutional and customary rights of rural citizens, as well as Khoi-San communities. Rural voices were excluded from the law-making process and the applicants are turning to the Constitutional Court to rectify this.
Constance Mogale and Others v Speaker
of the National Assembly and Others, CCT 73/2022
Representatives from the Alliance for Rural Democracy (ARD) and Land Access Movement of South Africa (LAMOSA), and members of the uMgungundlovu (Eastern Cape) and Bakgatla Ba Kgafela (North West) communities
23 February 2023 at 10h00
Constitutional Court of South Africa
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