AFRIFORUM VERSUS KHOI AND SAN @KASIBCNEWS 

The Traditional and Khoi-San Leadership Bill, 2024 (TKL) in its current form is, according to AfriForum, in conflict with the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). AfriForum therefore today called on Velenkosini Hlabisa, Minister of Cooperative Governance and Traditional Affairs (CGTA), to act in the interests of cultural communities and make necessary amendments to this bill.

AfriForum also indicated that the bill should be amended to reflect respect for and dignity of royal leaders, families and communities, and to empower them to determine the direction they wish to follow. The letter to the minister follows closely on the heels of AfriForum's written comments on the bill submitted last week. 

According to Barend Uys, Head of Intercultural Relations and Cooperation at AfriForum, the wording of the bill is very worrying. In a 2023 parliamentary response, the Ministry of SRTS praised UNDRIP as a framework of “minimum standards for the survival, dignity and well-being of indigenous peoples” that “expands on existing human rights instruments and explains how they apply to the specific circumstances of indigenous peoples”. 

Despite the South African government’s endorsement of this UN declaration, the UNDRIP stands in stark contrast to the principles that the declaration seeks to embody.

In its letter to Hlabisa, AfriForum points out, among other things, the following:

• The bill is unfair and inappropriate as it only allows two levels of leadership for Khoi-San communities, while three levels of leadership are allowed for traditional communities.
• Khoi-San community members are excluded from the Commission on Khoi-San Affairs, even though they are best equipped to provide input on the traditions, culture, customs and customary law of Khoi-San communities.
• Clauses 16(18) and 16(19) authorise the Premier to take the land (this is the practical implication of the words “amend the area of ​​jurisdiction”) from a community after consultation with the traditional council or sub-council – whether the council agrees or not.

A premier is authorized to completely take over the functions of a traditional council for an indefinite period without any proper checks and balances.

The bill empowers the prime minister to have the final say in any agreement a council makes. It strips royal leaders and councils of all real authority.

The bill does not authorize councils to lead the planning and implementation of community development initiatives, programs and projects themselves. It also limits councils' ability to make a difference in their communities.

The bill, in its current form, is in violation of several articles of UNDRIP.

"The wording of the bill creates the impression that it was not drafted with the preservation and development of cultural communities and their traditions, culture, languages, customs, customary law and heritage in mind. It appears that the aim was to enable maximum control by civil servants and to limit the initiative and authority of royal leaders, royal families and councils to a minimum," says Uys.

Uys argues that “instead of empowering royal leaders, royal families and councils to take responsibility for their own future and lead development, the law limits their initiative and shifts all initiative and powers to government officials.”

"Peaceful coexistence of all cultural communities in the country depends on the establishment of good intercultural relations and cooperation based on mutual recognition and respect. 

This is why AfriForum is actively building a network of cultural communities that can assist each other in matters such as these to ensure a prosperous future for the children of all communities here at the southern tip of Africa," concludes Uys.