TRADITIONAL AND KHOI-SAN LEADERSHIP BILL, 2024

This document is a review and summary of the draft Traditional and Khoi-San Leadership Bill, 2024 (TKLB), developed by Natural Justice in February 2025. The draft Bill seeks to replace the Traditional Leadership and Governance Framework Act 41 of 2003 and the National House of Traditional Leaders Act 22 of 2009 following a May 2023 Constitutional Court ruling that declared the Traditional and Khoi-San Leadership Act 3 of 2019 unconstitutional due to insufficient public participation.

• The draft TKLB 2024 establishes specific criteria for the recognition of Khoi-San communities, requiring a history of self-identification as a unique community, observance of distinctive customary law and customs, a system of hereditary or elected leadership, distinctive cultural heritage, a proven history of existence, and occupation of a specific geographical area.
• The Bill mandates that traditional and Khoi-San leadership structures must adapt their customary laws to align with the Bill of Rights in the Constitution, specifically to promote equality, prevent unfair discrimination, and progressively increase gender representation in leadership succession.
• The draft legislation outlines a tiered structure for leadership recognition and governance, including kingship or queenship, principal traditional councils, traditional councils, Khoi-San councils, and traditional sub-councils, as well as the establishment of local, provincial, and national houses of leaders.
• The Bill prohibits the use of resources from recognized communities, leaders, or councils to promote or prejudice any political party, grouping, or candidate in any election, whether internal or external.
• A Commission on Khoi-San Matters will be established to investigate and make recommendations to the Minister regarding the recognition of Khoi-San communities, branches, and leaders. The Commission must consist of a chairperson, deputy chairperson, and up to five members with expertise in law, anthropology, history, or Khoi-San customary law.
• The Bill specifies grounds for the mandatory withdrawal of recognition for traditional and Khoi-San leaders, including convictions resulting in imprisonment for more than 12 months without a fine, being declared mentally unfit by a court, or no longer residing within the relevant jurisdiction.
• The National House of Traditional and Khoi-San Leaders must be composed of senior leaders elected by provincial houses, with a requirement that at least one-third of its members be women, unless the Minister determines a lower threshold after consultation.

APA

Natural Justice (2025). TRADITIONAL AND KHOI-SAN LEADERSHIP BILL, 2024. https://naturaljustice.org/wp-content/uploads/2025/02/SUMMARY_Draft-TKS-BillFINAL.pdf

Chicago

Natural Justice. TRADITIONAL AND KHOI-SAN LEADERSHIP BILL, 2024. 2025. https://naturaljustice.org/wp-content/uploads/2025/02/SUMMARY_Draft-TKS-BillFINAL.pdf.

Wikipedia

{{cite report |author=Natural Justice |title=TRADITIONAL AND KHOI-SAN LEADERSHIP BILL, 2024 |date=February 2025 |url=https://naturaljustice.org/wp-content/uploads/2025/02/SUMMARY_Draft-TKS-BillFINAL.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{naturaljustice2025traditional, author = {{Natural Justice}}, title = {{TRADITIONAL AND KHOI-SAN LEADERSHIP BILL, 2024}}, institution = {Natural Justice}, year = {2025}, month = feb, url = {https://naturaljustice.org/wp-content/uploads/2025/02/SUMMARY_Draft-TKS-BillFINAL.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }