The case, Bakgatla Ba Mocha (Maubane) and Another v Bakgatla Ba Mmakau Bamokgoko and Others (Case No. LCC16/2020), raises questions about the validity of Proclamations issued by the President of the former Republic of Bophuthatswana under the Native Administration Act 38 of 1927, the Bantu Authorities Act 68 of 1951, and the Bophuthatswana Traditional Authorities Act 23 of 1978. These Proclamations defined or redefined ‘tribal’ areas over portions of land in Gauteng, Limpopo and Mpumalanga.

The constitutional issue to be addressed is whether these Proclamations, which were designed to advance apartheid-era policies by segregating black communities and restricting their land rights, remain valid and binding until set aside by the court, or whether they have been automatically superseded or nullified by the Restitution of Land Rights Act 22 of 1994. Furthermore, the Court will consider whether these Proclamations should be declared unconstitutional.

The plaintiffs have argued that these Proclamations were part of a broader scheme to push black South Africans into ‘tribal’ enclaves, thereby facilitating the dispossession of land and the unequal treatment of black communities in relation to other racial groups in the country. The SAHRC’s involvement in this case underscores its commitment to addressing the injustices of the past and ensuring that the constitutional rights of all South Africans, particularly in relation to land ownership and traditional governance, are upheld.

The Commission’s participation in this case further underscores its commitment to promoting and protecting human rights in South Africa. By providing expert submissions, the Commission aims to assist in the development of jurisprudence that upholds the principles of equality, dignity and justice. 

ENDS

ISSUED BY THE SOUTH AFRICAN HUMAN RIGHTS COMMISSION