The Indigenous World 2025: South Africa

Written on 25 April 2025. Posted in South Africa

The Khoikhoi and San peoples, collectively referred to as Khoe-San, make up approximately 1% of South Africa’s population of nearly 60 million.^[1] These communities, rich in bio-cultural heritage, face enduring socio-economic challenges, including poverty, unemployment, and inadequate access to education, healthcare, and housing. Their traditional livelihoods, such as pastoralism and hunting, are increasingly under threat due to land dispossession and the escalating impacts of climate change.

Under apartheid, as a result of colonization and dispossession, South Africa’s Indigenous Khoe-San peoples were forcibly assimilated into the broader “Coloured” category, erasing their distinct identity. This classification fragmented their heritage, as individuals were placed into subgroups based on mixed ancestries, and it led to discrimination, forced relocations, and political disenfranchisement. Although some privileges were granted, such as exemption from pass laws, the Khoe-San were still subjected to systemic oppression. Post-1994, efforts to reclaim their identity have intensified, with legal battles for recognition, land rights, and the rejection of the “Coloured” label. However, land restitution remains a challenge, as current policies exclude dispossession pre-dating 1913, whereas the Khoikhoi and the San were dispossessed of their ancestral lands prior to this.

Although South Africa has voted in favour of the UN Declaration on the Rights of Indigenous Peoples (UNDRIP), it has yet to ratify ILO Convention 169. The implementation of international human rights conventions impacting Indigenous communities remains limited, leaving significant gaps in their protection and recognition.

Domestically, the 1996 South Africa Constitution acknowledges cultural, linguistic, and heritage rights, indirectly recognizing Indigenous communities; however, the implementation thereof remains deeply limited. In 2019, the passage of the Traditional and Khoi-San Leadership Bill (TKLB) marked a significant step forward. This legislation enhanced the recognition of Khoi-San leadership structures and sought to address long-standing gaps in their legal and cultural acknowledgement. However, in 2023 the law was declared unconstitutional due to lack of proper public consultation.

Despite constitutional commitments to cultural equity, Indigenous communities such as the Khoikhoi and San continue to face systemic challenges in reclaiming guardianship over their ancestral lands, many of which overlap with key biodiversity areas and conservation zones.

This article is part of the 39^th edition of The Indigenous World, a yearly overview produced by IWGIA that serves to document and report on the developments Indigenous Peoples have experienced. The photo above is of an Indigenous activist Funa-ay Claver, a Bontok Igorot, standing alongside Indigenous youth activists and others. They are protesting against the repressive laws and human rights violations suffered through the actions and projects of the Government of the Philippines and other actors against Indigenous Peoples at President Marcos Jr’s national address on 22 July 2024 in Quezon City, Philippines. The photo was taken by Katribu Kalipunan ng Katutubong Mamamayan ng Pilipinas and is the cover of The Indigenous World 2025 where this article is featured. Find The Indigenous World 2025 in full here

In 2024, South Africa witnessed significant developments affecting the Khoikhoi and San peoples involving legal, socio-economic, and environmental issues. These events reflected both progress in Indigenous rights advocacy and ongoing challenges.

Traditional and Khoi-San Leadership Bill, 2024

On 29 November, the Department of Cooperative Governance and Traditional Affairs published the draft Traditional and Khoi-San Leadership Bill (TKLB), 2024, inviting public comments. The legislation was a direct response to the 2023 Constitutional Court ruling that invalidated the 2019 Traditional and Khoi-San Leadership Act due to insufficient public participation.^{[2], [3]} The revised Bill addressed the gaps by incorporating extensive consultations with Indigenous communities, ensuring their voices were heard in the legislative process.

The Bill aims to recognize the Khoi-San people and proposes repealing and replacing the Traditional Leadership and Governance Framework Act, 2003 (Act No. 41 of 2003), as well as the National House of Traditional Leaders Act, 2009 (Act No. 22 of 2009).

The Bill strengthens the recognition of Khoi-San leadership structures, enhancing their role in governance and cultural preservation.^[4] Traditional communities and leaders enjoyed statutory recognition even prior to 1994. The Framework Act continues to make provision for such statutory recognition. The recognition of traditional communities and leaders is subject to specific criteria contained in the Framework Act. This is necessary to ensure that only legitimate traditional communities and leaders are recognized. The Framework Act, however, does not make provision for the recognition of Khoi-San communities and leaders. To ensure that only legitimate Khoi-San communities and leaders are recognized, as is the case with traditional communities and leaders, a statutory recognition process is therefore provided for in the Bill. For this purpose, specific criteria have been developed based on the customs and customary law applicable to the Khoi-San. The Bill, however, also makes provision for the integration of recognized Khoi-San leaders into existing Houses of Traditional Leaders, and they will therefore not have separate structures of this nature.

Critiques remain regarding bureaucratic hurdles and equitable resource allocation. Advocacy groups have called for mechanisms to ensure transparency and inclusivity in implementing this legislation. The Bill does not provide any independent mechanism by which ordinary community members can complain about the conduct of a traditional authority and demand accountability or remedy. In terms of the Code of Conduct, only the Houses of Traditional Leaders or councils can action breaches of the Code. Advocacy groups have requested the that the Bill incorporate a crucial limit on the exercise of power by traditional leaders in the form of community consultation. When the TKLB was first introduced in the National Assembly, clause 24 allowed traditional and Khoi-San councils to enter into partnerships or agreements with a third party without any requirement to consult the affected community. After opposition at public hearings and much debate, the Portfolio Committee on Cooperative Governance and Traditional Affairs included a new requirement that such partnership or agreement be subject “to a prior consultation with the relevant community represented by such council”.

Despite these challenges, the Bill is seen as a step forward in addressing historical injustices and affirming the Khoi-San's unique identity within South Africa's socio-political framework.

Initially, the deadline for public submissions was set at 29 December 2024; however, it was later extended to 28 February 2025. After considering public comments and further discussions, Parliament will vote on the Bill and, if approved, it will be submitted to the President for assent. This entire process can take several months. As of now, the Bill remains under consideration, and the previous acts it seeks to replace continue in effect.

Rooibos benefit distribution: a milestone achievement

In 2024, the first distribution of financial benefits from the historic Rooibos Benefit-Sharing Agreement (RBSA) took place.^[5] This agreement, finalized in 2019, ensures that the Khoikhoi and San communities receive equitable returns from the rooibos tea industry, which has long relied on their traditional knowledge of the plant’s uses and cultivation.^{[6], [7]}

The agreement benefits the traditional knowledge holders of the San and Khoi peoples, represented respectively by the San Council of South Africa and the National Khoisan Council. Upstream and downstream industry players, i.e., growers, processors, distributors, and sellers, are represented by processors and the South African Rooibos Council (SARC). The benefit-sharing agreement includes a monetary levy that is placed at the beginning of the value chain. The agreement states that an annual levy of 1.5% of the farm gate price (what processors pay for the unprocessed rooibos) is allocated to a government-managed fund. The financial benefits are then equally distributed between the San and Khoi peoples, who each obtain 50% of the benefits for their community trusts, namely the Andries Steenkamp Benefit-Sharing Trust established by the San Council of South Africa and the Khoikhoi People’s Rooibos Biodiversity Trust (KPRBT) established by the National Khoisan Council (NKC). The first payment amounted to over 12.2 million rands (more than USD 800,000) and was equally distributed between the two trusts. For its part, the National Khoisan Council shares its monetary benefits with the small-scale farmers of the Wupperthal and Suid Bokkeveld communities.^[8]

This milestone was celebrated as a victory for Indigenous Peoples’ rights and a model for benefit-sharing agreements globally.^[9]

Indigenous leaders emphasized the importance of transparent management and equitable allocation of the funds to address pressing community needs, including education, healthcare, and cultural preservation. The economic benefits of the rooibos industry are becoming increasingly visible in some farming villages.^[10] Farmers who previously lacked the financial means to move out of their parents' homes are now building their own houses. Additionally, the Wupperthal Original Rooibos Cooperative (WORC), benefiting from rising profits, has established scholarships to support the education of local farmers' children, further uplifting the community.

Moving forward, the focus remains on sustaining these benefits and expanding similar initiatives in other sectors.

Mission stations: Elim and Wupperthal land restitution struggle

The communities of Elim and Wupperthal are both Moravian mission towns in South Africa's Western Cape province and hold profound cultural and historical significance for the Khoikhoi and San peoples.^[11] Indigenous communities, displaced by colonial policies, intensified their advocacy for land restitution in 2024. Advocacy efforts included public demonstrations and strategic litigation to expedite the return of these lands. The communities have highlighted the need for swift action, citing the deteriorating state of the lands and the socio-economic hardships faced by displaced families.^[12]

The Moravian Church’s application for a subdivision of a portion of land in Wupperthal, known as Farm 168, Clanwilliam, was withdrawn by the applicant, the local Moravian Church in 2024.

South African NGO Natural Justice supported the local community in filing an objection to the proposed subdivision. Although the reasons as to why the subdivision application was withdrawn have not been made public, Natural Justice considers the withdrawal a victory for the small community, who have used the land communally for many generations.

Oil and gas litigation: Guriqua fisherfolk’s fight

The Guriqua fisherfolk have emerged as key actors in the fight against oil and gas exploration along South Africa’s coastline. In 2024, supported by environmental and Indigenous Peoples’ rights organizations, they led a high-profile legal battle to halt exploration activities that are threatening marine biodiversity and disrupting traditional fishing practices.^[13] The ruling set aside the oil exploration rights of Shell.

The claimants argue that these projects are violating their constitutional rights to a healthy environment and livelihood. The case has drawn national and international attention,^[14] with potential implications for the broader recognition of Indigenous land and marine rights in South Africa.

Cultural preservation efforts

Several initiatives aimed at preserving Khoi-San languages, traditions, and knowledge systems gained traction throughout the year.^[15] The South African National Editors' Forum (SANEF), PanSALB – Pan South African Language Board, and the UN are launching a seminar on the media's role in the development and preservation of Indigenous languages. The event, held on 07 August 2024, discussed the impact of artificial intelligence on media and strategies by which the Indigenous languages media sector can attract digital advertising. The seminar attracted journalists, academics, analysts, and professionals in the business media sector, with a focus on community media practitioners.

Collaborative projects with academic institutions and cultural organizations were launched to document and promote Indigenous heritage.^[16] The PAN South African Language Board (PanSALB) has called for a comprehensive roadmap to promote respect for Indigenous languages and identify areas requiring revitalization. This was emphasized during a Khoe and San National Language Indaba, a conference, which brought together stakeholders and which aligns with the International Decade of Indigenous Languages (2022-2032). PanSALB has urged all levels of government to take proactive measures in response to the recommendations made during the Indaba.

Lesle Jansen is an Indigenous attorney from the Cape Flats in Cape Town. She is currently working at Jamma International as its Head of Indigenous Peoples’ and Local Communities’ Resource Rights.

Sobantu Mzwakali is a researcher specializing in Indigenous rights, community engagement, and policy analysis, with a focus on land and environmental justice. He is the programmes manager at Resource Africa.

This article is part of the 39^th edition of The Indigenous World, a yearly overview produced by IWGIA that serves to document and report on the developments Indigenous Peoples have experienced. The photo above is of an Indigenous activist Funa-ay Claver, a Bontok Igorot, standing alongside Indigenous youth activists and others. They are protesting against the repressive laws and human rights violations suffered through the actions and projects of the Government of the Philippines and other actors against Indigenous Peoples at President Marcos Jr’s national address on 22 July 2024 in Quezon City, Philippines. The photo was taken by Katribu Kalipunan ng Katutubong Mamamayan ng Pilipinas and is the cover of The Indigenous World 2025 where this article is featured. Find The Indigenous World 2025 in full here

Notes and references

^[1] The Indigenous Peoples of Africa Co-ordinating Committee. (19 February 2020). Southern Africa - The Indigenous Peoples of Africa Co-ordinating Committee.  https://www.ipacc.org.za/southern-africa/#:~:text=The%20indigenous%20peoples%20of%20South,Khoekhoe%2C%20including%20Nama%20and%20Griqua

^[2] Cassette, J., & Roos, E. (n.d.). Traditional Khoi-San Leadership Act: The importance of meaningful public participation during the law-making process. Cliffe Dekker Hofmeyr. https://www.cliffedekkerhofmeyr.com/news/publications/2023/Practice/ProBono/pro-bono-and-human-rights-alert-9-june-traditional-khoi-san-leadership-act

^[3] Jansen, Lesle and Horton, Theo. “South Africa”. In The Indigenous World 2024, ed. D. Mamo, IWGIA. April 2024. pp. 116-122. https://iwgia.org/en/south-africa/5358-iw-2024-southafrica.html

^[4] Zondo, W. B. (19 December 2024). In peril: How the traditional and Khoi-San Leadership Bill 2024 continues to threaten informal land rights and rural democracy — African law matters. African Law Matters. https://www.africanlawmatters.com/blog/in-peril-how-the-traditional-and-khoi-san-leadership-bill-2024-continues-to-threaten-informal-land-rights-and-rural-democracy

^[5] Admin. (14 July 2022). Khoi and San receive first cycle of benefit-sharing funds from rooibos industry. The Home of Great South African News. https://www.sagoodnews.co.za/khoi-and-san-receive-first-cycle-of-benefit-sharing-funds-from-rooibos-industry/

^[6] Michalene. (07 December 2021). The Rooibos Access and Benefit Sharing Agreement - Carmién Tea. Carmién Tea. https://carmientea.co.za/the-rooibos-access-and-benefit-sharing-agreement/

^[7] Jansen, Lesle. “South Africa”. In The Indigenous World 2020, ed. D. Mamo, IWGIA. April 2020. pp. 160-166. https://iwgia.org/en/south-africa/3593-iw-2020-south-africa.html

^[8] National Khoisan Council, Cederberg Belt Indigenous Farmers Representatives, Chennells, R., & Boezak, D. (2019). THE KHOIKHOI PEOPLES’ ROOIBOS BIOCULTURAL COMMUNITY PROTOCOL. https://naturaljustice.org/wp-content/uploads/2020/04/NJ-Rooibos-BCP-Web.pdf

^[9] The Value of Traditional Knowledge: a milestone for Indigenous rights in South Africa’s rooibos industry. (01 November 2019). World Justice Project. https://worldjusticeproject.org/news/value-traditional-knowledge-milestone-indigenous-rights-south-africas-rooibos-industry#:~:text=The%20agreement%2C%20just%20launched%20on,for%20its%20exploitation%20and%20commercialization

^[10] Trenchard, T. (27 May 2023). Trendy rooibos tea finally brings revenues to Indigenous South African farmers. NPR. https://www.npr.org/sections/goatsandsoda/2023/05/27/1176439193/local-farmers-in-south-africa-were-cut-out-of-rooibos-tea-cash-now-change-is-bre

^[11] The Khoisan | South African History Online. (n.d.). https://www.sahistory.org.za/article/khoisan

^[12] Prince, N. (01 March 2024). Application to subdivide land in Wupperthal withdrawn. Natural Justice. https://naturaljustice.org/application-to-subdivide-land-in-wupperthal-withdrawn/

^[13] Erasmus, D. (06 November 2024). Small-scale fishers take oil exploration fight to high court. The Mail & Guardian. https://mg.co.za/the-green-guardian/2024-11-06-small-scale-fishers-take-oil-exploration-fight-to-high-court/

^[14] Christianson, B. (28 October 2024). South African Indigenous people fight Big Oil to defend ancestors’ spirits. Al Jazeera. https://www.aljazeera.com/features/longform/2024/10/25/south-africa-indigenous-defend-ancestors-against-big-oil

^[15] SANEF announces seminar on Indigenous Languages and the Media. (n.d.). South Africa. https://southafrica.un.org/en/275801-sanef-announces-seminar-indigenous-languages-and-media

^[16] Mere, B. (03 September 2024). PanSALB hosts Khoe and San language indaba - DFA. DFA. https://www.dfa.co.za/news/pansalb-hosts-khoe-and-san-language-indaba-090ccfa7-c137-420d-9a38-795a21ded7dd/

Tags: Land rights, Cultural Integrity , Indigenous Peoples Human Rights Defenders, Conservation