Introductory remarks by the Hon AC Nel, MP, Deputy Minister of Justice and Constitutional Development presenting the Report of Workstream 5: “Fast-tracking the finalisation of policy, legislative and constitutional matters” at the Dialogue with the National House of Traditional and Khoisan Leaders on Friday, 8 August 2025
Chairperson of the National House of Traditional and Khoisan leaders,
Deputy President,
Ministers, and Deputy Ministers,
Your Majesties, esteemed Traditional and Khoisan leaders,
Honoured Guests,
Good afternoon.
It is a great honour to address this important dialogue.
It forms part of our collective commitment to strengthen the role and voice of Traditional and Khoisan leaders in South Africa's democratic governance.
Today’s engagement is especially significant because it speaks to the heart of a long-standing commitment, shared by many in this room — to give meaningful institutional, constitutional, and legislative expression to the institution of traditional leadership within our democratic state.
We convey the greetings and best wishes of Minister Mmamoloko Kubayi who chairs Workstream 5 tasked with fast-tracking the finalisation of policy, legislative, and constitutional matters that directly affect traditional communities and their leadership.
This is both urgent and complex, requiring careful legal interpretation, coordination between departments, and above all, continuous engagement with the institution of traditional leadership itself.
We apologise unreservedly that the Workstream has not met formally. This is due, amongst others, to the unavailability of certain Ministers due to health issues and other developments that are a matter of public record.
However, this does not mean that work has stopped. Neither has co-operation and co-ordination between Departments and the National House of Traditional Leadership come to a halt.
We commit ourselves to ensure that the Workstream does meet, and that is does so urgently.
As the Department of Justice and Constitutional Development, we are committed to working closely with our counterparts in CoGTA, and with the House, to address key matters — including the implementation of the Traditional Courts Act, the review of the roles and powers of traditional leaders in terms of the Constitution, and various proposals that impact on the participation Traditional Leaders in state institutions.
This work is both urgent and import. We recognise both the constitutional principles at stake, as well as the need to rebuild trust and ensure that communities feel heard and represented.
In that spirit, I would now like to present the report on Workstream 5.
The presentation outlines the legislative milestones achieved, the outstanding matters requiring political guidance, and the roadmap going forward — including further public consultation, parliamentary engagement, and the finalisation of regulations.
We offer this presentation not as a conclusion, but as part of a living dialogue — a step forward in our shared journey to ensure that the institution of traditional leadership is not only respected, but empowered in a manner consistent with the Constitution, democratic values, and the will of our people.
I will briefly address nine areas. Of these five relate to the powers and functions of the NHTKL itself. One relates to the participation of traditional leaders in Municipalities. One relates to the appointment of Traditional Leaders to state boards. One relates to reviewing the powers, roles and functions of traditional leaders, including in terms of Chapters 7 and 12 of the Constitution.
The last relates to legislation legislation and policies that affect traditional communities, in particular: SPLUMA, which has been dealt with by Minister Nyhontso, Traditional Courts, and the Traditional and Khoi-San Leadership Bill.
I would like to request, through you Chairperson, that my learned friend Deputy Minister Prince Advocate Burns-Ncamashe, KC (Kings Council) [in jest] be allowed to supplement my submissions where necessary.
Years ago, during a robust engagement between CoGTA and the National House, Prince Burns-Ncamashe bemoaned the quality of state legal advisors. Loudly and passionately, he enquired repeatedly: “Bafundephi? Bafundephi?”
Mina, angifuni ukuphendula lowo mbuzo.
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