Khoisan unhappy with recently passed law
The group’s misery arises from Ramaphosa signing into law the Traditional and Khoisan leadership Act which constitutes statutory recognition of the Khoisan communities, leaders and structures.
A small group of Khoisan protesters who have been camping at the Union Buildings in the Pretoria CBD for a year are not happy with President Cyril Ramaphosa’s newly promulgated act.
The group’s misery arises from Ramaphosa signing into law the Traditional and Khoisan leadership Act which constitutes statutory recognition of the Khoisan communities, leaders and structures.
“This act does not clarify a lot of our demands and mostly that we are the first nation, or stipulate anything on land,” said Chief Khoisan SA who is leading the protest at the Union Buildings.
“This act is more of a form of dictation and is not addressing our people and their problems.”
He said the act claimed to recognise the Khoisan communities, however, “how can you say you are recognising the Khoisan, if according to government papers, I still have to tick coloured or other?
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“This act just window-dresses our issues and therefore this is not recognition.”
He said the act was designed more for leadership agendas than the normal Khoisan on the ground.
Chief Khoisan SA said through just accepting this act, they would be signing off their culture and first nation rights.
“We just want a better life for our people, especially for our people on the ground, not leaders to benefit,” said Khoisan SA.
The signed traditional and Khoisan leadership act 3 of 2019, aims to:
– Provide for the recognition of traditional and Khoisan communities, leadership positions and for the withdrawal of such recognition;
– Provide for the functions and roles of traditional and Khoisan leaders;
– Provide for the recognition, establishment, functions, roles and administration of kingship or queenship councils, principal traditional councils, traditional councils, Khoisan councils and traditional sub-councils, as well as the support to such councils among other things.
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Presidential spokesperson Khusela Diko said Ramaphosa through the act had assented to the critical infrastructure act which repealed the apartheid-era national key points act and provided for public-private co-operation in the identification and protection of critical infrastructure.
“The Traditional and Khoisan Leadership Act seeks to transform traditional and Khoisan institutions in line with constitutional imperatives, such as the Bill of Rights and restore the integrity and legitimacy of the institutions of traditional and Khoisan leadership in line with customary law and practices,” said Diko.
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He said the act also directed that the kingship or queenship, principal traditional community, headmanship, headwomanship and Khoisan communities to transform and adopt customary law and customs in a manner that is consistent with the principles contained in the Bill of Rights of the Constitution.
“While certain traditional structures and leadership positions have been recognised by law in compliance with Constitutional prescripts, there has never before been statutory recognition of the Khoisan.”
She said to this end, the formal recognition of the Khoisan communities, leaders and structures required enabling legislation, to which the president had now expressed approval through the act.
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