Motshekga Calls for Constitutional Monarch Distinction
Professor Mathole Motshekga wants South Africa's Constitution to separate monarchs from other traditional leaders as Parliament weighs a new leadership bill.
Updated on Nov. 13, 2026 in Law
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Professor Mathole Motshekga has called for changes to South Africa's Constitution to distinguish monarchs from other traditional leaders. The call comes as Parliament considers a replacement Traditional and Khoi-San Leadership Bill.
Why it matters
Motshekga argues that grouping kings, queens and chiefs under one category fails to reflect African systems of governance, and that colonial influence shaped how African monarchies are treated in law. The debate bears on how traditional leadership is recognised in national law.
The Constitutional Court declared the 2019 Traditional and Khoi-San Leadership Act invalid in 2023, and the declaration remains suspended until 29 May 2027. Sections 211 and 212 of the Constitution recognise traditional leadership, but do not separately distinguish royal leadership.
The players
Mathole Motshekga
A South African professor and traditional leadership commentator who is associated with the Bolabedu Kingdom.
The details
Motshekga's proposal would separate royal leadership from traditional leadership in the Constitution. The 2019 Act distinguished kings or queens, principal traditional leaders, senior traditional leaders, and headmen or headwomen, but was struck down for lack of meaningful public participation.
Timeline
2019: Traditional and Khoi-San Leadership Act enacted.
2023: Constitutional Court declared the 2019 Act invalid.
29 May 2027: Suspended invalidity declaration expires.
Legal Context
The Constitutional Court's 2023 ruling against the 2019 Traditional and Khoi-San Leadership Act leaves Parliament to craft a replacement bill. Motshekga's call to revise the Constitution would reshape how monarchs are classed under that framework.
Any change to the Constitution or a replacement leadership bill would affect how traditional leaders are recognised and what roles they hold in local communities. Residents in areas governed by traditional leadership may see the consequences in local governance structures.
The takeaway
The debate over whether monarchs should be separated from other traditional leaders goes to the heart of how South African law reflects African systems of governance. The outcome will shape recognition of traditional authority for years to come.
What happens next
The suspended invalidity declaration on the 2019 Act expires on 29 May 2027, which will determine the legal timeline for any replacement legislation.
Further reading
For more on the legal framework, see Law coverage on South Africa's traditional leadership debate.
Source note: This article includes information reported by Scrolla.
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