Applications for the recognition of KhoiSan Traditional leaders will close on Thursday this week, with threats to take the matter to court already being made.

Khoi and San leaders claim the requirements for recognition are unfair compared to those of other cultural communities, like the amaXhosa and amaZulu nations.

Some have vowed to petition the Constitutional Court for a declaratory order.

Some 138 submissions were received from the various Khoi and San communities, mostly from the Western and Eastern Cape.

Proving eligibility was an extensive process, and included signatures and evidence of promoting cultural practices, among others.

Government recognises the Nama, Griqua, San, Korana and the Cape Khoi as among the communities, who can seek recognition.

The Griqua leader Stanley Peterson says he obtained 37,000 signatures.

“My community filled in the application to become a member and membership for the acknowledgement that I delete now. They completed the form, they signed and i signed afterwards. From there, we need to comply with the commission. That’s difficult because the commission form is not really giving you an opportunity to complete everything on the form,” says Peterson.

Other leaders say the process was unfair, leading them to not apply for recognition.

Nama leader, Paul Swartbooi, says, “I did not apply for that position because in my opinion, the leadership positions in the Nama community are typically determined through traditional processes, and we must respect the traditional, cultural and historical processes of the communities and the Khoisan communities. I suggest requirements prioritise community-based recognition, culture sensitivity, flexibility, transparency and support for the Khoison communities.”

Indigenous First Nation Advocacy South Africa member, Anthony Williams, says they might be forced taking legal action.

“What we have decided … we are going to the Constitutional Court for a declaration order, so that the constitutional board can declare now, already. Since this piece of legislation is before parliament, the Constitutional Court must come out clearly and declare their normally what is in this piece of legislation and secondly, we know that this piece of legislation is prejudiced against us and how is it that we go to this commission and go and ask for recognition when this piece of legislation is prejudiced against us,” says Williams.

Meanwhile Prince Zolile Burns Ncamashe, Deputy Minister of Cooperative Governance and Traditional Affairs, says all the groups must go through scrutiny to be recognized.

“There is no nation or ethnic group in South Africa that is currently recognized, which has not gone through the process of scrutiny. Some of them are even in court as we speak. So, I always hear this and … if you believe that you are authentic and legitimate bring your application. Don’t clutch at straws; bring your application so that it can (be questioned). The minister is kindly and looking forward to make the pronouncement,” says Ncamashe.

Government says once applications close on Thursday, a commission seized with investigating the claims will start its work. They’re hoping to recognize Khoi and San traditional leaders in this financial year.