Parliament, Thursday, 30 April 2026 – The Portfolio Committee on Cooperative Governance and Traditional Affairs on Thursday expressed concern that unresolved issues in the Khoi-San recognition process may affect the progression of the revised Traditional and Khoi-San Leadership Bill, which depends on clarity around recognised communities and leadership structures.

The concern comes ahead of the committee’s first briefing on the Bill scheduled for 12 May.

Before its processing of the Bill, the committee received a briefing from the Commission on Khoi-San Matters, established in 2021 to process applications for recognition of Khoi-San communities and leaders. The Commission processes applications for recognition of Khoi-San communities, senior Khoi-San leaders, branches and branch heads, and conducts investigations into each application based on the criteria specified in section 5(1) of the Traditional and Khoi-San Leadership Act. Thereafter, it makes recommendations to the Minister of Cooperative Governance and Traditional Affairs.

This recognition process is an important foundation for determining which Khoi-San communities and leaders are formally recognised by government, with implications for representation, leadership structures and access to associated rights and benefits, all issues the revised Bill seeks to address. The committee welcomed the presentation and the work undertaken under difficult conditions. It noted that the work being done is laying an important foundation for future processes, including the legislative processing of the revised Bill. Members of the committee nevertheless expressed concern about the factors limiting progress in the recognition process. They noted that progress remains limited at early stages of the process. Of the 239 applications received, compliance verification and preliminary analysis have been completed for 128.

Members of the committee also heard that no public hearings have been conducted to date, no investigation reports have been finalised, and no recommendations have been submitted to the Minister. The committee, however, recognised the complexity and scale of the work before the Commission. The Chairperson of the committee, Dr Zweli Mkhize, said the committee acknowledged the need to balance its concerns about progress with an understanding of the limitations the Commission faces.

The Chairperson noted that progress and adherence to set timelines must be assessed against whether the Commission has the necessary resources to deliver on its mandate. The ability to meet timelines will depend on available institutional capacity and support, which the committee heard remains insufficient.

The committee also noted the challenges the Commission faces with language, as Afrikaans is widely used in many applicant communities. Commissioners who must engage with communities in Afrikaans rely on translation and interpretation services, which adds another layer of complexity. Dr Mkhize further flagged the implications of recognition, including issues related to land, jurisdiction and potential benefits associated with traditional leadership. He said that while these may arise at a later stage, they will require clarity, particularly regarding territorial jurisdiction and communities that do not occupy land under a single traditional authority.

Another concern for Members was the absence of a consolidated reference framework to guide the assessment of applications. Dr Mkhize emphasised the need for a strengthened research capability. This includes access to academic, archival and historical sources, both within South Africa and internationally. He said expertise in areas such as anthropology and history would be essential to the credibility of the process. At the same time, the committee highlighted the importance of integrating indigenous knowledge systems, particularly the knowledge of elderly community members, into the process. Dr Mkhize noted that this would require adequate resources to capture and verify such information.

The committee also noted proposals that communities within broader groupings such as the Griqua, Cape Khoi, Koranna, Nama and San, could be brought together to assist in verifying claims. Dr Mkhize said that such an approach could also help strengthen the credibility of the process, reduce duplication and build consensus before recommendations are made. He cautioned that the Commission must guard against fraudulent claims and ensure that recommendations can withstand challenge. “It is critical that decisions are grounded in credible evidence, historical verification and community engagement to ensure the stability and legitimacy of the process,” said Dr Mkhize.

The committee resolved to request a meeting with the Minister to address systemic challenges, consider how best to support the Commission and assess how these matters may affect the Traditional and Khoi-San Leadership Bill.

ISSUED BY THE PARLIAMENTARY COMMUNICATION SERVICES ON BEHALF OF THE CHAIRPERSON OF THE PORTFOLIO COMMITTEE ON COOPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS, DR ZWELI MKHIZE.

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