Thread by @nombonisogasa

Stopped by to say…

1. Whilst the ruling in #IngonyamaTrust leases is receiving the attention it deserves, we must talk about how govt has failed rural based citizens for 2 decades with collusion of Parliament. To be clear, all political parties have neglected these issues.

2. It’s 13 years since the introduction of the Traditional Courts Bill (2008). Even after concerted effort by activists and researchers to work with the DOJ in the end, politicians and Chiefs sneaked in back door agreements and ignored warnings on importance of an opt clause.

3. Today, the legislative and policy vacuum remains, leaving people insecure and in some communities subjected to patriarchal and chauvinistic abuse of power, in the name of ‘our culture and tradition’, which is a distortion of African customary law, cultures and traditions.

4. It’s 17 years since the Communal Land Rights Act 11,2010 (struck down by ConCourt in 2010). CLRBill is going back to Parliament. The TCB and CLARBill fail to meet the basic requirements that are provided and protected by the constitution.

5. In December 2020, a deeply problematic Traditional and Khoi-San Leadership Bill was signed into law. a)The Act treats the Khoi-San leadership as unequal to African traditional leaders unequally and sets different standards for recognition as well for Khoi-San.

5b) In addition to the neo-chauvinistic approach to Khoi-San leadership, the Act is troubling in all the other neo-ethninicisms of post 1994 bantustanisation. It attaches land and manufactured boundaries to African traditional leadership. Chauvinistic.

6. In 2015, Parliament est. the High Level Panel to assess and review all legislation passed since 1994 and look at ways to accelerate fundamental change. It was led by Motlanthe and included some of Mzansi's best minds on public policy, development and social transformation.

7. After almost 2yrs of intense consultations with people who live in rural areas, the Panel made several recommendations to Parly & the President incl the need to revisit the current structure of IT, re balkanisation of rural South Africa and entrenchment of apartheid geography.

8. The recent ruling on IT leases affirms the findings of the Panel and the voices of people who live under these laws in areas defined as ‘traditional communities’, including KZN, NW, EC and others.

9. Land under IT alone covers about 30% of KZN. That’s the scale of affected land and people. These areas combined are where 18million South Africans reside. In the NW alone, the land and people covered includes hundreds of billions in the Platinum belt, parks and others.

10. 18 million South Africans live with insecure tenure, severely weakened customary rights to land, land sharing and inheritance. Partly because of legislative and policy vacuum created by the failures of govt and Parliament.

11. To be clear, this has happened without govt’s assistance. For many years now, community members who challenged IT leases have been left to fend for themselves, some had to self exile because of safety concerns for themselves and their families.

12. Without donor assistance, these landmark court cases are simply not possible. If Depts of COGTA, Rural Development and Land Reform and Justice and Constitutional Development did their work, there would be no need of people risking their lives and expensive legal costs.

13. COGTA and DRD&LR in particular have oversight roles over the institution of traditional leadership, land & IT. They failed these communities and people pay with their lives and increasing community conflict as we have seen in areas like Xolobeni in the EC.

14. As we celebrate the hard earned victory against IT, we must talk about the impact combined dereliction of duty by elected representatives in parliament, the executive and their hugely costly flunkies who are trading people’s fundamental rights for votes and tenders.

15. Even after victory, there is no guarantee that there will be change. No guarantee that elected representatives and those entrusted with looking after the affairs of the nation will act accordingly.

16. It is 10 years since CLARA was struck down. A decade of vacuum, neglect and weakening people’s rights to communal land. And now, the Bill that goes to parliament will still not address the fundamental rights and will not provide secure tenure for 18 million South Africans.

17. I stopped by to salute the men and womxn who risked much more than we can ever imagine and ensured victory for their families, communities and for all of us. I acknowledge activists, academics and lawyers who worked tirelessly for many years. Aluta Continua!

*Communal Land Rights Act, 11, 2004.(struck down in 2010).*