The Traditional Khoi-San Leadership bill is one step away from being law – it only needs the signature of President Cyril Ramaphosa.
On Tuesday, the National Assembly adopted the bill with amendments proposed by the National Council of Provinces (NCOP).
The bill seeks recognition for Khoi and San leaders and the formation of their own communities.
It clarifies the functions and roles of traditional and Khoi and San leaders and includes them in House of Traditional Leaders.
ANC chief whip Jackson Mthembu’s spokesperson, Nonceba Mhlauli, said the bill provided recognition and established functions, roles and administration of kingship or queenship councils.
“The bill was passed by the National Assembly last year, but then it was sent to the NCOP and they made further amendments,” Mhlauli said.
Khoi and San chief Crawford Fraser said they were grateful for the recognition, but were waiting on the president’s signature.
Fraser said they also wanted to be recognised as the first indigenous people of Southern Africa which, in its current form, the bill does not do.
“The bill doesn’t recognise us as the first people of Southern Africa, but we are grateful this government is taking part in recognising us as Khoi and San,” he said.
“It’s important to understand we don’t just want labels but in order to leave a legacy for our people, we need land.”
Khoi and San activist and ANC MPL Christian Martin said it was a big moment for the indigenous people in South Africa.
“It’s been 367 years that we have been waiting for this moment and we are grateful to the ANC-led government,” Martin said.
“We are visiting former president Thabo Mbeki to honour him in initiating this process when he [delivered] the ‘I Am An African’ speech as well as the Coat of Arms during his time.”
Though excited about the bill being passed, Martin said there were items in there that needed to be watched carefully, such as the issue of land.
“One of the things is where in the bill it says we are accountable to the premier but Nguni people are accountable to the president.
“Another thing I want to raise, a Khoi king without land is like a rhino without a horn. “We have work on land for the Khoi because our customs, rites of passage and our celebrations are strongly built on wild animals and this requires us to have land.”