On 9 July 2013, the Commission for Gender Equality (CGE) attended court proceedings of Bakgaga ba Mothapo Traditional Council (based in Ga-Mothapo) on an observer status.
The purpose of this visit was as follows:
- to observe traditional court proceedings in order to enhance the CGE’s understanding of traditional courts;
- present the CGE position on the Traditional Court Bill and Women Empowerment and Gender Equality Bill;
- to reflect on the importance of the South African Constitution and Bill of Rights versus culture;
- discuss collaboration on projects of mutual interest.
Cases that were heard in court included those that relate to “illegal squatting”, “cash for scrap business” and environmental harm, caused by livestock. Other matters that were presided over also included youth unemployment, and basic services for underprivileged village communities (lack of water and road infrastructure).
The CGE was given a platform to make a presentation on fundamental issues that bordered around human and social rights in the context of “gender” as a topical point. In its presentation, the CGE had put specific emphasis on matters that relate to patriarchy, gender – based violence (GBV), matters of equality between men and women, widowhood and inheritance, women and leadership as well as customary versus civil marriages.
The CGE presentation was followed by a “question and answer” session where community members engaged the CGE and asked questions on the Traditional Courts Bill, Women Empowerment and the Gender Equality Bill (WEGE Bill). During this Question and Answer (Q&A) session, male counterparts of the communities put to the attention of the CGE, the fact that their culture creates a bias for “married men” to acquire land, i.e. single and unmarried men are not allowed to own land according to their custom.
There was a complaint regarding men who marry women in customary marriage and subsequently move to urban areas and marry other women in civil marriages. The community members also complained about not being given an opportunity to input into draft laws. In the discussion one council member said:” We welcome and support the idea of hosting a legal clinic in our community as we have being struggling and not knowing where to go”.
The chairperson of the CGE, Mr Mfanozelwe Shozi said: “the CGE noted efforts being made by this council to exercise its cultural practices within the purview of the constitution. CGE commits to support those Traditional Courts seeking to respect the constitution”.
In her closing remarks Kgoshigadi Mothapo thanked the CGE for their efforts of engagement with the traditional council and also made a commitment for a session to be held on 27 August 2013 in order to deal with matters that arose from the meeting, especially the Traditional Courts Bill (TCB), Women Empowerment and Gender Equality Bill”.
