Unconstitutional Traditional and Khoi-San Leadership Act @KASIBCNEWS

Unconstitutional Traditional and Khoi-San Leadership Act @KASIBCNEWS

Constitutional Court Ruling Exposes Government and Parliament’s Failure to Implement Policy

The Taaibosch Kei Korana Royal House and Gauteng Housing Crisis Committee, (GHCC) welcomes the recent Constitutional Court ruling on the Traditional and Khoi-San Leadership Act, which highlights the continued failure of government and Parliament to implement policy in line with democratic principles. 

The Court’s decision, which declares the Act unconstitutional due to a lack of public participation, demonstrates a systemic problem in South Africa’s legislative process.

In this unanimous judgment, the Constitutional Court reaffirmed the critical importance of meaningful public participation, calling out Parliament’s “overwhelming failure” to ensure the people’s voices were adequately heard in shaping policies that affect millions of South Africans, particularly marginalized communities. The ruling gave Parliament 24 months to re-enact the law or to pass new legislation that complies with constitutional standards.

 

This judgment serves as a reminder that the failure to consult and engage with the public does not only undermine the integrity of democratic processes, but also the rights of the most vulnerable citizens. GHCC asserts that this systemic failure is not unique to the Traditional and Khoi-San Leadership Act but is emblematic of a broader issue where critical policies, including those addressing housing, poverty, and industrial development, have been neglected.

 

For over 30 years, the government has refused to implement the Ford plan, which has been validated by the Council for Scientific and Industrial Research (CSIR) as a viable solution to address the housing and job crises. This repeated failure of engagement with stakeholders, including the millions living in shack communities, is not just a failure of public participation but a violation of human rights on a 30 year epic scale.

 

GHCC calls on Parliament and the government to take immediate steps to ensure that all future legislation, especially those affecting marginalized communities, undergoes a transparent and inclusive public participation process. It is time for a government that listens to its people and implements policies that truly address poverty and economic inequality.

 

GHCC stands ready to support any efforts that seek to rectify these systemic failures and demands urgent action in policy implementation to avoid further exacerbation of the housing and poverty crisis in South Africa.