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.
Tag: Constitutional Court
Permanent link to this article: https://www.customcontested.co.za/in-the-news-tkla-judgement/
Mar 06 2023
Activists in ConCourt to declare Traditional & Khoi-San Leadership Act invalid
By Bernadette Wicks A group of land activists are concerned about the act’s impact on customary and informal property rights, and say there was not adequate public participation before it was passed.
Permanent link to this article: https://www.customcontested.co.za/activists-in-concourt-to-declare-traditional-khoi-san-leadership-act-invalid/
Mar 06 2023
Traditional and Khoi-San Leadership Act challenged in Constitutional Court
By Takudzwa Pongweni The Constitutional Court has heard arguments regarding the public participation process before the passing of the contentious Traditional and Khoi-San Leadership Act. Activists argued that there was an abject failure to ensure their voices were heard.
Permanent link to this article: https://www.customcontested.co.za/traditional-and-khoi-san-leadership-act-challenged-in-constitutional-court/
Mar 01 2023
Traditional and Khoi-San Leadership Act that ‘recreates the Bantustans’ heads to ConCourt
By Thiyane Duda Rural citizens argue that by signing the Traditional and Khoi-San Leadership Act, the President made the abusive actions of traditional leaders legal. They have no issue with the fact that, at last, the law recognises Khoi and San leaders and communities.
Permanent link to this article: https://www.customcontested.co.za/traditional-and-khoi-san-leadership-act-that-recreates-the-bantustans-heads-to-concourt/
Aug 20 2019
Battle for AmaMpondo kingship in court again
On 20 August, the North Gauteng High Court in Pretoria will hear the latest instalment of a legal battle for the kingship of AmaMpondo. The present-day dispute has been before South African courts since 2011 – although its genesis lies further back in history.
Permanent link to this article: https://www.customcontested.co.za/battle-for-amampondo-kingship-in-court-again/