Rural communities in the former bantustans, land-rights activists and land-rights organisations are preparing to challenge the constitutionality of the Traditional and Khoi-San Leadership Act 3 of 2019 (TKLA).
The Act is being challenged on procedural bases as rural citizens feel the public participation process that was conducted by Parliament on the Act, while it was still a Bill, was inadequate and excluded their voices. The TKLA poses serious threats to the land rights of rural communities as it allows traditional councils to enter into agreements and partnership with third parties, including mining companies without the consent of the directly affected land rights holders. The Act also does not provide adequate mechanisms for traditional councils to account to rural communities about their financial resources.
These problems and many more in the TKLA that have motivated rural communities, activists and civil society to approach the Constitutional Court are outlined further in a booklet that was developed by the Legal Resources Centre (LRC), the Land and Accountability Research Centre (LARC) and the Alliance for Rural Democracy (ARD). The booklet is available in eight languages;
- TshiVenda – (https://stopthebantustanbills.org/wp-content/uploads/2021/11/LRC-TKLA-vendaWEB-1.pdf )
- XiTsonga – (https://stopthebantustanbills.org/wp-content/uploads/2021/11/LRC-TKLA-tsongaWEB-1.pdf )
- SeTswana – ( https://stopthebantustanbills.org/wp-content/uploads/2021/11/LRC-TKLA-setswanaWEB-1.pdf )
- SeSotho – (https://stopthebantustanbills.org/wp-content/uploads/2021/11/LRC-TKLA-sesothoWEB-1.pdf )
- IsiXhosa – (https://stopthebantustanbills.org/wp-content/uploads/2021/11/LRC-TKLA-xhosaWEB-1.pdf)
- IsiZulu – ( https://stopthebantustanbills.org/wp-content/uploads/2021/11/LRC-TKLA-zuluWEB-1.pdf )
- Afrikaans – ( https://stopthebantustanbills.org/wp-content/uploads/2021/11/LRC-TKLA-afrikaansWEB.pdf )
- and English – (https://stopthebantustanbills.org/wp-content/uploads/2021/11/LRC-TKLA-englishWEB.pdf )