Local Government, Environmental Affairs and Development Planning

a)&(b) Status update and progress made by the National Department and the Commission

In terms of the Act, the first phase of the process relating to the recognition of Khoi-San leaders and communities is conducted by the Commission. The Commission was established, and its members were appointed with effect from 1 September 2021 (General Notice 500 of 2021 in Government Gazette 45044 of 25 August 2021.  In terms of section 52(1)(a) of the TKL Act, the appointment of the members of the Commission must be for a period not exceeding five years (31 August 2026), or any such further period as the Minister of Traditional Affairs (“the National Minister”) may determine by notice in the Gazette.

The following four persons were appointed as members of the Commission: Prof Nico Adam Botha (Chairperson), Mr Douglas Langley Bennett (Deputy Chairperson), Ms Nokubonga Nokwanda Mazibuko-Ngidi, and Dr (Prof retired) Edna Lorraine van Harte.

Section 57(2) of the TKL Act states that the Commission may only investigate and make recommendations in respect of those applications that have been lodged with the Commission within a period of two years from a date to be determined by the National Minister or any such further period as the National Minister may determine.  The Commission must complete the investigations and make recommendations within the period of appointment of the members of the Commission (five years or such further period as the National Minister may determine).

The Commission is obliged to refer its recommendation to the Premier of the Province concerned.  The Premier must submit comments to the Commission within a period of 60 days from the date of referral.  The Commission must then submit its recommendation and the Premier’s comments to the National Minister (section 58 of the TKL Act).

In February 2022, the Commission published the application forms for recognition of Khoi-San communities and leaders in Afrikaans and English (Provincial Notice 802 of 2022 in Government Gazette 45865 of 4 February 2022

The National Minister determined 30 March 2022 as the date from which the Khoi-San communities and leaders may lodge applications for recognition with the Commission (Notice 1639 of 2021 in Government Gazette 45690 of 24 December 2021. The period for submission of applications will end on 29 March 2024, unless the National Minister extends such period.

The Department of Cooperative Governance and Traditional Affairs and the Commission conducted a launch on the application process for recognition as Khoi-San communities or leaders for all provinces, the Western Cape Launch was on 25 March 2022 in Cape Town. Further, awareness campaigns took take place across the nine provinces and the awareness campaign for the Western Cape Province was help on 28 June 2022.

The table below indicates activities by the Commission and time periods as outlined above: 

* or any such further period as the Minister of Traditional Affairs may determine by notice in the Gazette

Status update and progress made by the Provincial Department of Local Government

The Premier assigned the powers and functions relating to traditional and Khoi-San affairs to the Provincial Minster responsible for local government ("the Provincial Minister”), with effect from 30 August 2021 (Provincial Notice 88/2021 in Provincial Gazette 8486 of 3 September 2021. The Premier signed the delegation of powers and functions in terms of the TKL Act on 16 November 2021.  The Provincial Minster signed same on 17 November 2021.

The Provincial Department is currently conducting research for the possible development of a provincial policy and/or provincial legislation.  The Regulatory Impact Assessment (RIA) process (a prerequisite when developing provincial policies and legislation) has commenced, and the Significance Test was presented to the RIA Steering Committee. It is anticipated that the policy and/or legislative process will be finalised by December 2024.

At this stage, no decision can be made regarding the establishment of a Western Cape Provincial House of Traditional and Khoisan leaders.  The decision will be informed by the number of Khoi-San leaders that are recognised.

The following table sets out the activities by the Provincial Department and time periods as outlined above:

C i) Progress is within legislated time frames

ii) N/A

d) The full implementation of the Act will commence once the recognition process has been finalised in line with the existence of the Commission on Khoi-San matters