‘Bantustan Bills’ trample on the rights of rural people

BBSA

Honorary Master
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Jul 11, 2005
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The Traditional Courts Bill (TCB) that the ANC pushed through the National Assembly just before the 2019 elections is suddenly on a fast track through the National Council of Provinces.

With unexplained haste, provincial legislatures have been instructed to hold public hearings starting this week, giving those most affected by the bill – the millions who live in former homeland areas – no time to make arrangements to attend to have their voices heard. To make it harder, the dates and venues for these hearings have not been finalised in most provinces.

 

Sollie

Expert Member
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Apr 20, 2005
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Will they pass constitutional scrutiny?
That precedent has already been set. We change the constitution to ensure square pegs fit into round holes.

Just like the government wants to set up our own standards when we fail international standards.
 

R13...

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They can change the constitution.
They'd first need to do that before passing this bill so they don't intend on doing so. And a change to the bill of rights will not receive support from the fake champions of the people.
 

ForceFate

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They'd first need to do that before passing this bill so they don't intend on doing so. And a change to the bill of rights will not receive support from the fake champions of the people.
Changes to Bill of rights require 75%, isn't it?
 

Zoomzoom

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provincial legislatures have been instructed to hold public hearings starting this week, giving those most affected by the bill – the millions who live in former homeland areas – no time to make arrangements to attend to have their voices heard. To make it harder, the dates and venues for these hearings have not been finalised in most provinces.
ALL government departments and municipalities do this. And even if, by some miracle, they actual do inform people ahead of time etc, they just ignore the public input anyway. There is no such thing as public participation in any kind of meaningful way at any level of government in SA.
 

ponder

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Will they pass constitutional scrutiny?
The constitution already makes exceptions for traditional leaders and customary law. It also allows for changing those laws.

This is the can of worms you open when you have double standards & laws for certain segments of society instead of treating everybody equally before the law. This will probably end up in the concourt so we'll have to wait and see what happens.

Fortunately this is not the work of the colonialist but the democratically elected gov the majority of voters gave a mandate to. This bill seems worse than what was happening under the apartheid gov, boggles the mind that they wanna one up them with such haste.
 

ponder

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ALL government departments and municipalities do this. And even if, by some miracle, they actual do inform people ahead of time etc, they just ignore the public input anyway. There is no such thing as public participation in any kind of meaningful way at any level of government in SA.
Yip it's just a farce so they can say they met their legal obligation to consult the community. It's a waste of time just like all these commissions they establish to investigate crap that went down.
 

ForceFate

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The constitution already makes exceptions for traditional leaders and customary law. It also allows for changing those laws.

This is the can of worms you open when you have double standards & laws for certain segments of society instead of treating everybody equally before the law. This will probably end up in the concourt so we'll have to wait and see what happens.

Fortunately this is not the work of the colonialist but the democratically elected gov the majority of voters gave a mandate to. This bill seems worse than what was happening under the apartheid gov, boggles the mind that they wanna one up them with such haste.
It's not as simple as parliament passing the motion to change the constitution. It would still need to be ratified by the constitutional court. Without changing relevant parts of the constitution before sending the bill to parly, I don't see it going anywhere.
 

ponder

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It's not as simple as parliament passing the motion to change the constitution. It would still need to be ratified by the constitutional court. Without changing relevant parts of the constitution before sending the bill to parly, I don't see it going anywhere.
No, the concourt does not ratify bills and it also cannot and will not interfere in the process of parliament creating bills. The only stage at which the concourt can consider the constitutionality of a bill is after it has been enacted into law before it becomes enforced. If it does not meet constitutional muster they will rule as such and refer it back to gov.

Secondly the bill of rights already recognises customary law and the role of traditional leaders.

When it eventually gets to the concourt they will evaluate the bill against the bill of rights to determine conflicts etc.

I don't see the gov trying to change the constitution to support this bill, they're going with the mindset that the constitution already supports it under the bill of rights wrt customary law.
 

Nod

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Reminds me of this:
HHGTTG said:
“But the plans were on display…”
“On display? I eventually had to go down to the cellar to find them.”
“That’s the display department.”
“With a flashlight.”
“Ah, well, the lights had probably gone.”
“So had the stairs.”
“But look, you found the notice, didn’t you?”
“Yes,” said Arthur, “yes I did. It was on display in the bottom of a locked filing cabinet stuck in a disused lavatory with a sign on the door saying ‘Beware of the Leopard.”

― Douglas Adams, The Hitchhiker's Guide to the Galaxy
 
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