Provincial Consultative Workshop on Traditional Justice System
13 November 2007
The Department of Justice and Constitutional Development will host a
provincial consultative workshop on traditional justice system on 15 November
2007 at the Oasis Lodge, plot 9 Myngenoengen, R71 Tzaneen Road, Dalmade,
Polokwane, at 08h30 to 16h00.
The purpose of the consultation is to obtain views and participation from
the institution of traditional leadership and other role players in the
formulation of policy on role and functions of the institution of traditional
leadership in the administration of justice. The decision to embark on these
workshops emanated from the Magistrates' conference which took place in
September 2007.
The workshop further seeks to identify the roles and functions of other role
players in the traditional justice system as well as areas of interface between
the formal court system and the traditional justice system.
The institution of traditional leadership plays a critical role in the
administration of justice and in increasing access to justice. Customary law
has existed for a long time and is recognised in the Constitution. Traditional
courts that administer justice according to this law are part of the cultural
heritage of African people. The importance of traditional courts derives from
the fact that it is closest to the communities and uses the language and
methods that the community understands better than the procedures applied by
the formal courts.
In contrast to the formal court system, the traditional courts do not adhere
to any prescribed or written set of rules but are guided by the culture and
tradition of the community or tribe they operate in. In this way justice is
dispensed easily and quickly.
The essence of the traditional justice system lies in the participation of
communities in resolving their disputes and this is different from the formal
judicial system where disputes are deferred to the courts to be adjudicated
upon by judicial officers who would pass arbitrary judgments. The traditional
methods of dispute resolution were not litigious in the courts as they are
understood in the western concept of justice.
The issue of aligning the institution of traditional leadership with the new
constitutional dispensation would require a policy review process that would
culminate in new legislation to substitute the repealed provisions of the Black
Administration Act, dealing with this aspect. These consultative workshops seek
to ensure that all stakeholders have their say in the drafting of this
legislation. The envisaged legislation will also provide for the procedures to
be followed by the traditional courts.
Media is invited to be part of the workshop and will be allowed to attend
all sessions.
Journalists who wish to attend the workshop should confirm attendance
with:
Mishack Magakwe
Cell: 072 703 9785/082 465 9250.
Enquiries:
JB Skosana
Cell: 083 283 8823
Issued by: Department of Justice and Constitutional Development
13 November 2007
Source: SAPA
