E/CN.4/2006/78/Add.2 page 13 46. There is an urgent need to reconsider laws pertaining to stock theft and hunting for subsistence. The laws used against San hunters are unchanged since the last century and are out of proportion. 47. The Movement Against Domination of African Minorities (MADAM) claims that some of its members who work in the country’s correctional services are victims of discrimination and have been unjustly charged with delinquent behaviour. The Special Rapporteur is concerned about the ambiguities surrounding the continued use of the category “Coloured,” to which the Khoi-San were arbitrarily assigned during the apartheid regime, in policies concerning employment, recruitment and job security. He is worried that this categorization might be misused to victimize the Khoi-San in the emerging occupational structure of the country, as is alleged in the complaint addressed to him by MADAM. 48. The representatives of indigenous organizations with whom the Special Rapporteur met agree generally that they have equal access to the administration of justice system with other South Africans, and no specific complaints about discrimination or bias in the judiciary were presented to the Special Rapporteur. Nevertheless, there is a sense that prosecutors, judges, public defenders and other personnel of the judiciary are not sufficiently culturally sensitive to the particular issues of concern to indigenous communities. D. Indigenous representation in public life 49. Chapter 12 of the South African Constitution recognizes the role and status of traditional leadership according to customary law and provides for their protection. It allows for traditional authorities to function within the framework of South Africa’s legal system and states that the courts must apply customary law when it is applicable, subject to the Constitution and any legislation that deals with customary law. The Constitutional Court, in a 1996 judgment (CCT 23/1996), recognized the status and role of traditional leadership as an integral part of South Africa’s basic constitutional framework. 50. In a statement released in 2003 on the role of the traditional leaders, the Government stated that it considered the traditional leaders as custodians of the moral, value, cultural and social systems of many people in South Africa, which the apartheid system had mainly undermined. It believed that they occupied an important place in African life and, historically, in the body politic of South Africa. However, the protection of traditional leaders remained to be developed. For instance, the Department of Provincial and Local Government had not yet defined in clear and concise terms the role and status of traditional leaders vis-à-vis elected councillors. 51. Following the first democratic elections in 1994, and as part of a comprehensive strategy to implement the new South African Constitution, particular attention was paid to the question of the constitutional accommodation and recognition of Khoi-San identity. The National House of Traditional Leaders, provided for in chapter 12 of the Constitution, functions as an advisory body at the national level, and similar advisory Provincial Houses of Traditional Leaders have been established at the provincial level. However, these Houses do not include the traditional leadership of the Khoi-San communities, an omission that has created some dissatisfaction among the various Khoi-San organizations, which was reported in no uncertain terms to the Special Rapporteur during his conversations.