The TKLA struck down by the Constitutional Court

On 30 May 2023, the Constitutional Court of South Africa declared the Traditional and Khoi-San Leadership Act 3 of 2019 to be invalid.
The Court found that Parliament failed to comply with its constitutional obligation to facilitate public involvement before passing the Act. The order of invalidity has been suspended for 24 months to enable Parliament to re-enact the statute in a manner that is consistent with the Constitution.
​The big question of course is whether this can happen within the time frame set by the Court. The judgment reveals how the development of policy and law relating to the land rights of the majority of South Africans frequently fails to hear and take into account the voices and views of people in affected communities.
The application was brought by an alliance of land-rights activists, land-rights organisations and communities directly affected by the Act who challenged the way Parliament conducted public participation during the law-making process.
Click here to download the full press statement by Stop the Bantustans Campaign.
Click here to download the full judgement.
Click here to access the full judgement online on the SAFLII website.