Ramaphosa signs traditional and Khoi San leadership Bill into law

access

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The concern is that it gives traditional leaders the right to enter into agreements on the use of land, without the consent of the people. The Bill provides that traditional leaders and councils can sign deals with investment companies without obtaining the consent of those whose land rights are affected.

However, the new law has also been praised for recognising the independence and the culture of the Khoisan.
 

ShaunSA

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Wakanda... where everyone is equal but the Chief is "speshul"
 

lowriderza

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Just to preface, I'm not a big fan of what I'm about to discuss.

The "upside" of this is that it does create a better environment for those communities intent on self rule. It does give people their geographical safe spaces they want to practice their Human Right of right to associate. This makes communities like Orania easier to defend from a legal perspective.

I personally think that we should allow these people to go and live in their little corners and leave the rest of us who are ok to live in a multicultural society where culture should play a minor role anyway.
 

3WA

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I personally think that we should allow these people to go and live in their little corners and leave the rest of us who are ok to live in a multicultural society where culture should play a minor role anyway.

You can only succeed in those communities if you suck up to the induna. If he doesn't like you, you're screwed. If your sister refused to be his third wife, he may take it out on you.

We should drag them kicking and screaming into the 21st century.
 

MidnightWizard

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Please try and link the article that actually gives the most detailed explanation -- this is a rather large and complex topic ..

With legislation soon to be passed, it seems this will only get worse, and the law will weaken the democratic rights of some the most vulnerable people in society.
The key piece of problematic legislation that stands to be passed is the Traditional Khoisan and Leadership Bill, which is in its final stage of enactment. The parliamentary process was finalised on February 26 and it has now been referred to President Cyril Ramaphosa for signature.
This highly deceptive and potentially harmful piece of legislation appears well intentioned, but this is far from the case. Last-minute amendments rushed through parliament need to be exposed for what they are.

t treats Khoi and San leaders differently from the traditional leaders associated with the former homelands. Khoi and San leaders get jurisdiction only over the people who choose to affiliate with them.
They do not get jurisdiction over specific areas of land. All other traditional leaders get jurisdiction over the tribal areas delineated in terms of the Native Administration Act of 1927 and the Bantu Authorities Act of 1951.

This bill has been deliberately fast-tracked through the parliamentary process. The main reason is that currently traditional leaders do not have the legal authority to sign deals on behalf of their “subjects”, and certainly not without their consent. In fact, the Interim Protection of Informal Land Rights Act of 1996 provides that no-one may sign deals that affect informal land rights without the consent of the holders of the informal rights at issu

On October 25 2018 the Constitutional Court delivered a unanimous judgment in the matter of Maledu and Others vs Itereleng Bakgatla Mineral Resources. The judgment sets a powerful precedent that deals brokered between mining houses and traditional leaders without the consent of those directly affected infringe on the constitutional rights of people whose security of tenure is already vulnerable due to past discriminatory laws and practices.

In an attempt to preempt the impact of the Maledu judgment, the department of traditional affairs has proposed some last-minute amendments to the bill.

This bill is nothing less than an attempt to facilitate land grabs on behalf of mining companies. Legislation such as
the
Traditional Khoisan and Leadership Bill is a step back to segregated legal systems and segregated systems of property rights applying only in the former homelands.

Traditional leaders bill will facilitate land grabs by miners

Read the whole article
BACK -- to the Apartheid FUTURE
MORE "gravy" for the CADRES ...
 

noxibox

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You can only succeed in those communities if you suck up to the induna. If he doesn't like you, you're screwed. If your sister refused to be his third wife, he may take it out on you.

We should drag them kicking and screaming into the 21st century.
It's not different in the 21st century. If those with power want you to suck up to them you'll suck up to them or they'll crush you.
 

access

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Just to preface, I'm not a big fan of what I'm about to discuss.

The "upside" of this is that it does create a better environment for those communities intent on self rule. It does give people their geographical safe spaces they want to practice their Human Right of right to associate. This makes communities like Orania easier to defend from a legal perspective.

I personally think that we should allow these people to go and live in their little corners and leave the rest of us who are ok to live in a multicultural society where culture should play a minor role anyway.

so like section 235 of the constitution

235. Self-determination
The right of the South African people as a whole to self-determination, as manifested in this Constitution, does not preclude, within the framework of this right, recognition of the notion of the right of self-determination of any community sharing a common cultural and language heritage, within a territorial entity in the Republic or in any other way, determined by national legislation.


Please try and link the article that actually gives the most detailed explanation -- this is a rather large and complex topic ..

With legislation soon to be passed, it seems this will only get worse, and the law will weaken the democratic rights of some the most vulnerable people in society.
The key piece of problematic legislation that stands to be passed is the Traditional Khoisan and Leadership Bill, which is in its final stage of enactment. The parliamentary process was finalised on February 26 and it has now been referred to President Cyril Ramaphosa for signature.
This highly deceptive and potentially harmful piece of legislation appears well intentioned, but this is far from the case. Last-minute amendments rushed through parliament need to be exposed for what they are.

t treats Khoi and San leaders differently from the traditional leaders associated with the former homelands. Khoi and San leaders get jurisdiction only over the people who choose to affiliate with them.
They do not get jurisdiction over specific areas of land. All other traditional leaders get jurisdiction over the tribal areas delineated in terms of the Native Administration Act of 1927 and the Bantu Authorities Act of 1951.

This bill has been deliberately fast-tracked through the parliamentary process. The main reason is that currently traditional leaders do not have the legal authority to sign deals on behalf of their “subjects”, and certainly not without their consent. In fact, the Interim Protection of Informal Land Rights Act of 1996 provides that no-one may sign deals that affect informal land rights without the consent of the holders of the informal rights at issu

On October 25 2018 the Constitutional Court delivered a unanimous judgment in the matter of Maledu and Others vs Itereleng Bakgatla Mineral Resources. The judgment sets a powerful precedent that deals brokered between mining houses and traditional leaders without the consent of those directly affected infringe on the constitutional rights of people whose security of tenure is already vulnerable due to past discriminatory laws and practices.

In an attempt to preempt the impact of the Maledu judgment, the department of traditional affairs has proposed some last-minute amendments to the bill.

This bill is nothing less than an attempt to facilitate land grabs on behalf of mining companies. Legislation such as
the
Traditional Khoisan and Leadership Bill is a step back to segregated legal systems and segregated systems of property rights applying only in the former homelands.

Traditional leaders bill will facilitate land grabs by miners

Read the whole article
BACK -- to the Apartheid FUTURE
MORE "gravy" for the CADRES ...

no u

indeed it is a more complex problem, it seems there was a complete disregard for individual rights. conditions should be made to protect people, maybe like a constitutional monarchy implementation at least.

also, where are these areas. is this for shale gas... .. .
 
Last edited:

3WA

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It's not different in the 21st century. If those with power want you to suck up to them you'll suck up to them or they'll crush you.

I rather suspect my life is easier as a person who understands his constitutional rights, has access to courts, and enjoys security of ownership of his property. While it's entirely possible that some powerful bigwig may try to pick on me, I'm much more able to stand up for myself than some rural pleb.
 

MidnightWizard

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The Bill provides that traditional leaders and Councils can sign deals with investment companies without obtaining the consent of those whose land rights are directly affected. No prior law in South African history, even during colonialism and apartheid, has enabled traditional leaders to dispossess people of their land rights without either their consent, or expropriation

Ramaphosa signs shocking Bill into law - LARC

One needs to read the whole article

There was a HUGE Hullabaloo about the Helen Zille tweet

One wonders how much will be said about this latest "brain-wave" of the New Dawn "WAKANDA" genius

The first was just talk -- this is REAL destruction !
 

rietrot

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The Bill provides that traditional leaders and Councils can sign deals with investment companies without obtaining the consent of those whose land rights are directly affected. No prior law in South African history, even during colonialism and apartheid, has enabled traditional leaders to dispossess people of their land rights without either their consent, or expropriation

Ramaphosa signs shocking Bill into law - LARC

One needs to read the whole article

There was a HUGE Hullabaloo about the Helen Zille tweet

One wonders how much will be said about this latest "brain-wave" of the New Dawn "WAKANDA" genius

The first was just talk -- this is REAL destruction !
If you want kings you can have them, just don't be surprised is they act all sovereign and treat you as a peasant.
 

ToxicBunny

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I honestly don't see how this bill or the TCB one would ever pass Constitutional muster....

Its disgraceful in the extreme from the ANC that they pushed these bills through.
 

lowriderza

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so like section 235 of the constitution

Indeed. Look it will probably end up a **** show like we had with Mangope and Bophuthatswana for instance where it looked awesome but there was looting going on. But obviously people want their little kingdoms. Where should we draw the line?
 

Mista_Mobsta

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I honestly don't see how this bill or the TCB one would ever pass Constitutional muster....

Its disgraceful in the extreme from the ANC that they pushed these bills through. a purely political tool the ANC uses to ensure the votes are in their pockets from the traditional leaders and their subjects...
FTFY
 

ponder

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Previous thread.
 
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