The legal principle of justice delayed is justice denied is more relevant to the Khoi and San traditional leaders and their communities than ever, as they are still suffering injustice.
For three decades, the ANC government has failed to officially recognise these indigenous groups, while Nguni communities such as the Xhosa and Zulu enjoy benefits under existing legislation.
The Constitutional Court’s ruling on 14 October 2025 suspended the declaration of invalidity of the Traditional and Khoi-San Leadership Act (TKLA) for two years until 29 May 2027 – signifying regress rather than redress.
During this time, national, provincial and local governments are free to adopt legislation without guaranteeing the rights of Khoi and San communities.
In the Western Cape, where these communities are strongly represented, their unrecognised status perpetuates exclusion from spatial planning and municipal boundary demarcation.
The DA-led provincial government has, since the Traditional Leadership and Governance Framework Act took effect in 2003, failed to establish a Provincial House of Traditional Leaders. This failure deepens the marginalisation of the Khoi and San.
Meanwhile, the persistent lack of institutional capacity in the Department of Cooperative Governance and Traditional Affairs (COGTA) hinders any progress.
Funds annually earmarked for Khoi-San research are returned unspent, while there is still no concrete recognition.
The inequality is shocking and unacceptable: Nguni leaders enjoy full legal status, while Khoi-San leaders remain oppressed. This is a gross violation of the Constitution’s principle of equality.
The Government of National Unity (GNU) has a historic opportunity to correct this injustice, but it all depends on whether the President has the political will to prioritise the rights of Khoi-San communities instead of ignoring them.
The Freedom Front Plus (VF Plus) is the only party taking a firm stand for the Khoi and San’s right to recognition and self-determination.
The party calls on these communities to intensify their activism and stand up for their cause with the Freedom Front Plus.
The Constitutional Court’s ruling, albeit in good faith, perpetuates exclusion as long as the ANC and its allies fail to take appropriate action.
Freedom Front Plus Land Reform: The FF Plus opposes land expropriation without compensation.
