Traditional & Khoi-San Leadership Replacement Bill Tabled

Posted 22 April 2026 Written by Acts Online
Category Parliament

Brought to you by SA Legal Academy: In terms of the legislative process following the Constitutional Court judgment in Mogale and Others v Speaker of the National Assembly and Others, the Traditional and Khoi-San Leadership Bill has been formally tabled in Parliament to replace the Traditional and Khoi-San Leadership Act, No. 3 of 2019.

The introduction of the Bill follows the Constitutional Court’s declaration that the 2019 Act was unconstitutional due to procedural flaws in the public participation process. To prevent a regulatory vacuum, the court suspended the declaration of invalidity, and the new replacement legislation is now expected to be passed and enacted by 29 May 2027.

The Bill, which was initially gazetted in draft form for public comment in November 2024, seeks to provide a revised legal framework for the recognition of traditional and Khoi-San communities, leaders, and councils. It aims to address legal uncertainties and gaps identified in related statutes by:

  • Establishing formal criteria for the recognition of Khoi-San communities and leadership positions;
  • Defining the functions and roles of traditional and Khoi-San councils;
  • Providing for the establishment of the Commission on Khoi-San Matters; and
  • Ensuring that the legislative framework aligns with constitutional requirements for meaningful public engagement.

Regulatory implications and alignment

Once operationalised, the Bill will replace the Traditional and Khoi-San Leadership Act, No. 3 of 2019 in its entirety. It is intended to consolidate the laws relating to traditional and Khoi-San leadership into a single statute that withstands constitutional scrutiny. Stakeholders should note that while the Bill maintains the core objectives of the 2019 Act, it seeks to rectify the procedural defects identified by the judiciary regarding community consultation.

Click here to view the Bill details and related parliamentary papers.

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

  • For yourself: No direct individual obligations; impact is channelled through professional advisory requirements for practitioners operating in traditional jurisdictions.
  • For your business: Firms engaged in mining, land development, or community projects in traditional areas must review their consultation protocols to ensure alignment with the evolving recognition framework for Khoi-San and traditional councils.
  • For your clients: Traditional and Khoi-San leadership structures must prepare for a renewed recognition process and ensure that their internal governance aligns with the requirements set out in the new Bill to maintain legal standing.

Originally published at https://legalacademy.co.za/news/read/traditional-khoi-san-leadership-replacement-bill-formally-tabled-in-parliament

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