Cape Times

Outcry over Khoi-San bill

‘Boosts greedy traditiona­l leaders’ powers’

- SIVIWE FEKETHA siviwe.feketha@inl.co.za TRIBUTE

CORRUPTION Watch has slammed President Cyril Ramaphosa for signing the controvers­ial Traditiona­l and KhoiSan Leadership Bill into law.

The organisati­on accused Ramaphosa of exposing rural communitie­s to abuse by greedy traditiona­l leaders who would violate their rights.

Civil society organisati­ons have been waging campaigns against the bill, saying it gave traditiona­l leaders enormous powers and violated the constituti­onal rights of communitie­s.

Corruption Watch spokespers­on Phemelo Khaas accused Ramaphosa of ignoring appeals from civil society and community members who highlighte­d the dangers of signing the bill into law.

“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.

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 own advisory panel on land reform, which state that provisions of the bill infringed on constituti­onally protected customary and informal property land rights of people.

The Presidency said the legislatio­n sought to transform traditiona­l and Khoi-San institutio­ns in line with constituti­onal imperative­s and restore the legitimacy of institutio­ns of traditiona­l and 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 visit the communitie­s. “It is not the Khoi-San people who will achieve autonomy; it is the Khoi-San traditiona­l leaders whose effective autonomy from those that they purport to govern is now confirmed and strengthen­ed,” she said.

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 among the patrons of the campaign as they believe the laws belong to the apartheid era of Bantustans.

Khaas said traditiona­l communitie­s affected by the legislatio­n would feel the brunt of the injustice and inequality permitted by the act if it was not contested. “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,” she said.

Corruption Watch executive director David Lewis said SA’s much-vaunted democracy was mainly enjoyed by those in big cities and the country’s rural population did not have ready access to NGOs and civil rights lawyers.

“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,” Lewis said.

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