Draft Traditional & Khoi-San Leadership Bill Submitted to Parliament

Posted 02 March 2026 Written by Acts Online
Category Local & Provincial Government

Brought to you by SA Legal Academy: The Department of Co-operative Governance & Traditional Affairs (CoGTA) has submitted the draft Traditional & Khoi-San Leadership Bill to Parliament for information purposes, following the publication of the explanatory summary on 27 February 2028.

In terms of the procedurally required explanatory summary gazetted on 27 February 2028, the draft Bill seeks to consolidate the Traditional Leadership and Governance Framework Act, No. 41 of 2003 and the National House of Traditional Leaders Act, No. 22 of 2009. The submission follows a public comment period initiated in November 2024.

The draft legislation is a response to a May 2023 Constitutional Court ruling which found that previous legislative attempts failed due to inadequate public participation. While the Court initially set a deadline for remedial legislation, this was postponed in November 2024 to May 2027. The current draft has been submitted to Parliament to allow relevant committees to factor the legislation into their work programmes, although it has not yet been certified by the Office of the State Law Adviser.

Key Objectives of the Bill

  • Recognition of Khoi-San kingships, queenships, and communities.
  • Formal recognition of Khoi-San leaders within the national leadership framework.
  • Consolidation of existing traditional leadership and governance statutes into a single regulatory framework.
  • Compliance with Constitutional Court directives regarding public participation and legislative procedural requirements.

The Bill will be formally tabled and made public once it has been certified by the State Law Adviser. Currently, the draft serves as an informational document for parliamentary planning.

What this means for you, your business, or your clients

  • For yourself: No direct individual compliance obligations at this stage; however, legal professionals should monitor the formal tabling of the Bill to track changes in the recognition of traditional authorities.
  • For your business: Firms operating in regions governed by traditional or Khoi-San structures should prepare for a consolidated regulatory environment that may alter community engagement protocols and leadership recognition.
  • For your clients: Clients in the mining, land development, and agricultural sectors must be advised on the potential legal recognition of Khoi-San leaders, which may necessitate revised consultation processes for projects on communal land.

Originally published at https://legalacademy.co.za/news/read/traditional-khoi-san-leadership-bill-submitted-to-parliament

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