OPINIONISTA: Controversial Bills entrench apartheid boundaries

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OPINIONISTA: Controversial Bills entrench apartheid boundaries By Constance Mogale

Traditional governance has become the new talk of the South African Parliament. During Parliament’s recess, special sittings were convened to consider and rush through three controversial “Bantustan Bills”: the Traditional Leadership and Governance Framework Amendment Bill, the Traditional and Khoi-San Leadership Bill and the Traditional Courts Bill.

In the early 1940s, the idea of placing borders in South Africa that are disguised as Bantustans was developed so as to remove the only relevant means of survival. At that period there was a level of resistance but apartheid was able to use chiefs to gain access to the resources and cheap labour. The 1960s saw mass organising and resistance against Bantustans.

The TKLB passed by the National Assembly on 26 February 2019, subverts principles of democracy. It gives traditional leaders the right to engage in any partnerships and agreements with third parties without the consent of the people whose land rights are for sale. This provision under clause 24 contradicts the principles of Free, Prior, Informed Consent which is an internationally recognised right under the United Nations Declaration on the Rights of Indigenous Peoples .

Government and traditional leaders are working tirelessly to grant mining companies access to resources such as platinum, titanium, palladium, chromium and vanadium. All at the expense of poor and disremembered rural communities.

 

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