Parliament, Wednesday, 13 May 2026 – The Portfolio Committee on Cooperative Governance and Traditional Affairs (COGTA) on Tuesday emphasised the need for Parliament to get the public participation process right in its processing of the Traditional and Khoi-San Leadership Bill of 2026.
The Department of Traditional Affairs briefed the committee on the Bill, which was tabled in Parliament in April this year. Parliament’s legal services unit and the public participation unit also briefed the committee on the planned process for handling the Bill.
The committee noted that the previous Bill had been found unconstitutional because of procedural defects in the public participation process. It emphasised the need for Parliament to ensure that the new process is comprehensive and responsive to the communities most affected by the Bill. Among the concerns committee members raised were language access, particularly the need for Afrikaans-speaking officials and translated material, given that English may be a second or third language for many affected communities.
The committee asked Parliament’s public participation unit to revise its proposed public hearings plan for the Bill to ensure that Khoi-San communities are properly identified and reached during the public participation process. The Chairperson of the committee, Dr Zweli Mkhize, noted that the major additions to the 2026 Bill affect the Khoi-San people, and these communities must receive adequate attention in the public participation process.
The Chairperson said that the revised public participation proposal must clearly show the communities that will be targeted for each public hearing venue, the districts to be covered, and the languages to be used for public education and hearings on the Bill. The committee requested that the parliamentary unit share its public hearing compliance checklist and the revised public participation plan with committee members within 48 hours.
The committee also requested information from the department on its previous public participation processes, including engagements with Khoi-San communities, to help it identify gaps and avoid duplication. Dr Mkhize said Parliament’s process remains independent, but it must take into account the department's work already done to ensure that no affected community is overlooked. He stressed that if communities are not properly contacted or heard, the process would once again be vulnerable to challenge.
In addition to public participation issues, committee members also raised concerns about the scope of the Bill. They warned against a narrow focus that disregards substantive issues of land, mineral rights, language and redress. The department, however, explained that those issues fall outside the scope of the Bill. Members heard that the department may discuss issues of land, language, culture, infrastructure and restitution with other departments, but that the Minister of COGTA cannot include binding legislative provisions on matters that are legally within the purview of other ministers.
The Chairperson said the committee will have to distinguish between matters relating specifically to traditional and Khoi-San leadership structures and broader concerns affecting Khoi-San communities. He said this distinction is necessary for the committee to process the Bill effectively. “If we do not clarify this, we will move in circles,” he said.
He added that the committee may need to pursue two parallel processes. The first would focus on issues that can be addressed through the Bill. The second would establish a multi-departmental and multi-sectoral platform to deal with broader matters such as land, language, mineral rights and redress. “This would allow the committee to proceed with the Bill while making sure that wider issues affecting Khoi-San communities are not overlooked,” he said.
ISSUED BY THE PARLIAMENTARY COMMUNICATION SERVICES ON BEHALF OF THE CHAIRPERSON OF THE PORTFOLIO COMMITTEE ON COOPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS, DR ZWELI MKHIZE.
For media inquiries or interviews with the Chairperson, please contact the Media Officer:
Name: Alicestine October
Cell: 083 665 4345
E-mail: aoctober@parliament.gov.za
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