The Traditional Khoi-San Leadership Act (TKLA) was passed to address shortcomings in the Traditional Leadership and Governance Framework Act (TLGFA) which denied certain constitutional rights to people living under traditional leaders. The TKLA recognized Khoi and San leadership but some people criticized it because it gave new and extended powers over land to traditional authorities. 

The TKLA was challenged in Court by rural communities and land rights organisations in 2021. In the case of Mogale and Others v the Speaker of the National Assembly and Others (2023) the Constitutional Court found the TKLA was invalid because parliament and provincial legislatures had not held a meaningful public participation process before the law was passed.  The Court said that public participation must provide a reasonable opportunity for the public to influence the decision-making process. It said that the TKLA’s public participation process was wrong because there was insufficient notice of community hearings, a lack of pre-hearing education, and limited access to hearings. The Court suspended the TKLA saying it was invalid for 24 months to give parliament time to facilitate a meaningful public participation process.