The Traditional and KhoiSan Leadership Act 23 0f 2019 will come into effect from 1 April, President Cyril Ramaphosa announced on Thursday.
The Act allows for, amongst other things, the recognition (and the withdrawal of recognition) of traditional and KhoiSan leadership positions and communities.
Critics have argued that the Act represents a return to apartheid-style bantustans with indigenous persons defined by lineage and location. Critics say their right to freedom of association is undermined.
Moreover, the Act replaces indigenous people’s constitutional right to elect their own leadership. This places the Act in the way of equal access to democratic processes. Concerns have been raised that the Act allows the government to circumvent affected communities’ consent to the purchasing of land by mining companies.
President Ramaphosa referred to the Act as a “significant milestone” on Thursday saying “The country’s Khoi and San leaders will, after following the prescribed processes, for the first time enjoy official recognition and will serve in the national and provincial houses.”