Pretoria: Cooperative Governance and Traditional Affairs (CoGTA) Minister Velenkosini Hlabisa has welcomed the Constitutional Court’s ruling to extend the validity of the Traditional and Khoi-San Leadership Act (TKLA) for an additional two years, allowing more time to finalise replacement legislation.
According to South African Government News Agency, in a statement on Friday, the department emphasized that as the apex court in South Africa, the Constitutional Court holds the authority to interpret, protect, and uphold the Constitution. ‘In this matter, the Court has granted supplementary, just, and equitable relief to prevent the imminent expiry of the suspension period related to the declaration of constitutional invalidity of the TKLA,’ the department said.
The Constitutional Court’s decision suspends the declaration of invalidity of the TKLA until 29 May 2027, allowing additional time for the Traditional and Khoi-San Leadership Bill (TKLB) to be concluded. ‘This two-year extension enables CoGTA and Parliament to conduct thorough consultations and finalise the legislative process. In response, Minister Hlabisa has requested the Department of Traditional Affairs to intensify efforts to expedite the Bill’s completion,’ the department said.
The TKLB is a critical piece of legislation. It seeks to formally recognise the Khoi and San communities and their leadership structures, while also addressing the deficiencies of the Traditional Leadership and Governance Framework Act, No. 41 of 2003.
The department emphasised that, once enacted, the bill will provide a legal framework to recognise and regulate Traditional and Khoi-San leadership institutions, clearly outlining their roles, responsibilities, and engagement with the government. This represents both a responsibility and an opportunity to promote inclusive governance.
Similar to the TKLA, the TKLB repeals and replaces the Traditional Leadership and Governance Framework Act as well as the National House of Traditional Leaders Act, No. 22 of 2009.