South Africa Delays Recognition of Khoi and San Royalty Due to Non-Compliance with Traditional Leadership Act

In a recent inquiry addressed to the Minister of Cooperative Governance and Traditional Affairs, questions arose concerning the department’s intentions to formally recognize the first Khoi and San kings and chiefs within South Africa. However, the response indicates a halt to such recognitions this year due to non-compliance with the Traditional and Khoi-San Leadership Act’s established criteria.

The Act of 2019, acronym TKLA, delineates the procedures and requirements for the acknowledgment of Khoi-San leaders but limits this to Senior Khoi-San leaders and Branch Heads. Kings and chiefs are not included within this framework, which has posed a significant stumbling block for the Khoi and San communities seeking this formal status.

In an effort to facilitate these recognitions, the Commission on Khoi-San Matters, established by former Minister Nkosazana Dlamini-Zuma, is tasked with reviewing applications for recognition and guiding the process forward. Despite receiving 125 applications, complications arose as none met the specified criteria outlined in section 5 of the TKLA which address the qualifications necessary for a community or individual leader to be officially recognized.

Challenges have been identified in the applicants' ability to accurately complete the necessary forms and provide the requested documentation. The Commission embarked on a process called Applicant Member Investigations (AMIs) to assist applicants in rectifying their submissions. Nevertheless, a significant portion of the applicants has declined to participate in this support process. As it stands, 47 AMIs have been completed, and the Commission is set to finalize the remainder in the current financial year.

The department’s strategy moving forward involves assisting Khoi and San communities in understanding and fulfilling the application criteria, after which the Commission will be able to make formal recommendations to the Minister regarding recognitions. Yet until the requisite documentation and compliance issues are resolved, the recognition of Khoi and San traditional royalty remains in bureaucratic limbo.

This matter not only pertains to bureaucratic procedure but also treads on the sensitive cultural and historical acknowledgment of South Africa’s indigenous communities. The recognition of Khoi and San leaders is more than a ceremonial title; it is a validation of their historical presence and cultural significance in the country’s narrative.

As South Africa continues to grapple with the intricacies of governance that honor its diverse heritage, the case of Khoi and San recognitions serves as a poignant reminder of the complexities inherent in blending tradition with the modern state apparatus. The success of these efforts will ultimately measure the nation’s commitment to inclusivity and the respectful integration of all its people into the democratic fold.