NPO vows to oppose divisive bill
‘Law to give traditional leaders too much power’
NOT FOR Profit organisation Corruption Watch has warned that it will legally oppose the contentious Traditional and Khoi-San Leadership Bill after President Cyril Ramaphosa signed it into law.
Before being enacted last week, civil society organisations waged a campaigns against the bill, saying it gave traditional leaders enormous powers and violated constitutional rights of communities.
Corruption Watch executive director David Lewis said: “SA’s rural population, who don’t have ready access to civil rights lawyers and supportive NGOs, do not enjoy the same effective rights as the rest of the population.
“This is particularly true of those communities subject to the rule of traditional leaders. We can scarcely credit the president’s decision to sign this appalling act into law and will oppose it using every available avenue.”
Corruption Watch spokesperson Phemelo Khaas accused Ramaphosa of ignoring appeals from civil society and community members who highlighted the dangers of the bill.
“The bill gives traditional leaders the right to enter into agreements on the use of land without the consent of the most affected groups – this effectively enables traditional leadership structures to dispossess people of their land without either their agreement or expropriation.”
Khaas said Ramaphosa had also ignored the reports of two panels, the 2017 High-Level Panel on SA legislation led by former president Kgalema Motlanthe and Ramaphosa’s advisory panel on land reform, which state that provisions of the bill infringed on constitutionally protected customary and informal property land rights.
The Presidency said the legislation sought to transform Khoi-San institutions in line with constitutional imperatives and restore the legitimacy of Khoi-San leadership in line with customary law. Khaas said while the act ostensibly aimed to give autonomy to the Khoi-San community, the violation of rights would be felt.
“It is not the Khoi-San people who will achieve autonomy; it is the KhoiSan traditional leaders whose effective autonomy from those that they purport to govern is now confirmed and strengthened.”
The act and the equally controversial Traditional Courts Bill have been facing concerted opposition and led to the creation of a coalition campaign called “Stop the Bantustan Bills”.
ANC stalwarts Pallo Jordan and Mavuso Msimang are patrons of the campaign and believe the laws belong to the apartheid-era bantustans.
Khaas said traditional communities would feel the brunt of the injustice and inequality permitted by the act. “It is clear that prior to the enactment of the bill, the realities in traditional communities have been a sustained level of corruption and impunity by their leaders. Now, with this bill, it gives legitimacy to some of the worst corrupt acts this country has yet to truly uncover.”