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Understanding The Traditional & Khoi-San Leadership Act

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The role of traditional leaders has come under the spotlight as South Africa’s parliament proposed the Traditional and Khoi-San Leadership Act 3 of 2019 (TKLA) as a mechanism to govern traditional councils based on the governance framework set in the Bantu Act of 1951. Alarm bells on the implementation of this act have been raised by members of communities where traditional leaders operate, this issue has made its way to the highest Court in the land and set the table for two sides of the spectrum. On the one side, the StopTheBantustans Campaign which operates on behalf of the communities, filed an appeal against the passing of TKLA as they have evidence that the flawed public participation process has denied citizens living in rural communities of their rights and state that TKLA gives unbalanced power to traditional leaders. The argument is caused by the belief that TKLA opens avenues for traditional leaders to sign financial contracts with profit seeking companies without being compelled to consult with members of their communities thereby violating their livelihood. On the opposite side are traditional leaders themselves, who are represented by amongst others CONTRALESA, insist that they are responsible custodians who seek to apply TKLA in a manner that is responsible and benefits the communities. Land Activist and National Coordinator for the Stop the Bantustans Campaign Constance Mogale joins Lerato Mbele for the conversation.

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