In a fervent outcry against South Africa's Draft Traditional and Khoi-San Leadership Bill 2024, civil society organisations assert that the legislation resurrects apartheid-era governance structures while neglecting the pressing land and customary rights issues faced by rural communities.
Despite a ruling from the Constitutional Court, which previously struck down the controversial Traditional and Khoi-San Leadership Act 2019 due to inadequate public consultation, critics argue that the new draft Bill merely tinkers with the old law without addressing the underlying issues. The Constitutional Court ruled in their favour and ordered that the Act was unconstitutional and declared it invalid, suspending the order of invalidity until May 2025.
The Alliance for Rural Democracy (ARD), a coalition that has tirelessly advocated for rural community rights for over a decade, has expressed profound disillusionment with the government's approach, describing the draft as a repetition of failed policy with little regard for the public's experiences and insights.
Tshepo Fokane, spokesperson for the ARD, stated, "We went through a long process to communicate our experiences when the law was first passed. Yet, instead of genuinely revisiting its content, lawmakers made minor adjustments and reintroduced the same problematic legislation."
She continued, "The government disregarded public input, undermining democratic principles and the spirit of participation. We call for a better draft that takes the views of the people into perspective. After two years of waiting and the input we and other organisations made in February, we're disheartened to see this recycled draft."
Bakgatla Ba Khafela’s Victor Modimokwane. Picture: Supplied
Rural communities, who remain scarred by past legislative failures, have found their concerns largely ignored in the new draft. Represented by the ARD and the Land Access Movement of South Africa, community leaders, including headwoman Duduzile Baleni of the Mgugundlovu Traditional Community and Bakgatla Ba Kgafela’s Victor Modimokwane, who initially challenged the Traditional and Khoi-San Leadership Act, expressed their anger over being sidelined in Parliament's decision-making processes pertaining to their rights. They feel the Constitutional Court had mandated that Parliament take their voices into account, yet activists hint at systemic disregard within the latest legislative proposal.
The Draft Traditional and Khoi-San Leadership Bill 2024 was introduced under the auspices of reminding South Africans of the importance of social justice and human rights, as highlighted in Parliament's theme for Human Rights Day 2025. However, with rural activists branding their campaign as #StopTheBantustans, they argue that rural voices which have been clamouring for change are essentially being muted in favour of outdated governance structures.
For over a decade, the ARD and its partners have sheltered the voices of communities residing in these former Bantustans, engaging in conversations demanding an end to oppressive legislation that perpetuates colonial legacies.
"We have witnessed the dire consequences of land deals signed without the community's consent, leaving many dispossessed of their land. Traditional leaders often dictate terms that undermine the rights of rural residents, particularly women," Fokane explained.
Grassroots activists have highlighted systemic issues, especially impacting women who face marginalisation. Many report being subjected to tribal levies imposed without adequate consultation, leading to their exclusion from essential community events, such as funerals and housing allocations.
Molatelo Mohale, a Limpopo community representative, articulated growing frustration over this archaic system where traditional authorities wield unchecked power over community livelihoods.
Amid the rising discontent, specific demands have emerged from rural societies, including a call to rename the legislation to Traditional Leadership Act, ensuring equitable representation for all traditional leaders. Proposals also highlight a desire for community autonomy, allowing those wishing to operate outside traditional frameworks to do so through local municipalities or democratically elected structures. Furthermore, advocates seek to regulate the administration of residential and business site allocations to safeguard against exploitative practices.
Civil society organisations packed the Constitutional Court when it deliberated on the Traditional and Khoi-San Leadership Bill. Picture: Supplied
The ARD remains resolute in its position, urging lawmakers to recognise and respect the inherent rights of rural communities and to integrate their voices into the Draft Traditional and Khoi-San Leadership Bill. Their fight for fair representation continues, with hopes that deeper, more meaningful dialogue can amend the legislative process before it entrenches antiquated practices.
"We demand a new law that would protect our land and natural resource rights, ensuring our role in governing our territory in the former Bantustans is non-negotiable. Only then can our vision for rural democracy gain the footing it deserves," concluded the ARD spokesperson.
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