Ruling in challenge to traditional leadership
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SAPA
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Published:
2009/10/30 06:21:42 AM
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JUDGMENT is to be handed down today in a landmark challenge by four rural communities that has implications for an estimated 21- million people living under traditional leadership.
The North Gauteng High Court in Pretoria has been asked to find parts of the Traditional Leadership and Governance Framework Act, and the whole of the Communal Land Rights Act, to be unconstitutional. The communities argue that the laws give traditional leaders undemocratic and unprecedented powers.
They say the acts also undermine land rights under customary law and gender equity, and introduce a tier of government not recognised by the constitution.
The case was argued last year.
Lawyers for the communities say that if they win, Parliament will have to write a new law — and this time consult properly with affected communities.
The applicants are the Kalkfontein, Makuleke, Makgobistad and Dixie communities from Limpopo, Mpumalanga and North West.
The respondents in the lawsuit are the agriculture and land affairs minister, all nine provincial premiers and the Speaker of Parliament.
Although the Communal Land Rights Act was pushed through Parliament just before the 2004 elections, the president has not yet issued the proclamation that will bring it into operation.
The Traditional Leadership and Governance Framework Act came into force in September 2004.