Traditional laws should be compulsory

Excalibur

Excalibur

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Traditional leaders have rejected the proposed voluntary participation by rural residents in the traditional courts system. As long as people live in traditional communities, they have to subject themselves to the authority of traditional leadership, they argue.

The government reintroduced the Traditional Courts Bill last year, with a new clause which makes provision for people to opt out of the traditional system and pursue their matters in magistrates’ courts, if they so wish.

The proposal was a significant concession by the government and a big victory for civil society organisations that rejected the two previous versions of the bill, introduced in 2008 and in 2011. They were unconstitutional and would infringe on women’s rights, they argued.

The bill is meant to regulate the role and functions of traditional courts.

The Congress of Traditional Leaders of SA (Contralesa) and the National House of Traditional Leaders (NHTL) this week rejected the proposed opt-out clause, saying that traditional courts should apply to all rural residents, with no exception.

“The institution [of traditional leadership] believes that everybody who voluntarily settles in any area under the jurisdiction of traditional leadership, by virtue of being a member of the community in that area, has subjected him or herself to the authority of the traditional leadership in question.

Speaking on behalf of the NHTL this week, Inkosi Sipho Mahlangu said: “The bill should not create a division within the community. We believe that once the courts start to function effectively, all the challenges seen, experienced, imagined or heard will be minimised or eliminated.”

Mahlangu was addressing the third day of public hearings into the bill by Parliament’s justice portfolio committee.

The chiefs believe that anybody who lives in the area of jurisdiction of a traditional council is bound by the laws of that village, as long as those laws are not in conflict with the Constitution and any other law of the country.

“We propose that any person who has been summoned to appear before the traditional court must do so within the time allocated, as long as the said time is reasonable.”

Mahlangu said if the person was unable to attend, he or she should, in writing or through a delegation, approach the clerk of the court to ask for an extension of the date.

The traditional court may, after evaluating the reasons provided, decide on the next step, which could include hearing the matter, transferring it to another court or escalating it, proposed the chiefs.

“It should be compulsory for any person summoned to appear before the court to do so. Failure to do so should result in the members of the South African Police Service fetching him or her and the clerk or messenger of the court accompanying the person concerned to the court,” said Mahlangu.
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Link.
 
get rid of traditional leaders and laws, jeez.
 
As long as people live in traditional communities, they have to subject themselves to the authority of traditional leadership, they argue.
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So what you're saying is I can kidnap as many young girls as I wanna as long as I live in a rondavel in Voetsekistan?
 
Deadmanza said:
Bugger off with your archaic rubbish. The dark ages are over.
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100% agree with you, but if you live in a rural community, far far away from a city
and remember SA is big, its a lot easier for some to go to their leaders and get help then approaching a magistrate.

I like the fact that the choice remains with you, nobody forcing you to do anything, its left up to you.
 
eg2505 said:
100% agree with you, but if you live in a rural community, far far away from a city
and remember SA is big, its a lot easier for some to go to their leaders and get help then approaching a magistrate.

I like the fact that the choice remains with you, nobody forcing you to do anything, its left up to you.
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Watch the intimidation starts - "traditional law or else you're not part/is a coconut/etc"
 
Mila said:
The Cheese moved. ;) time to fit in or die.
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problem is many forget how big SA is, we only see a small portion living in a city,
'there are some places that have such little exposure to the outside world, that they will approach the big chief to solve problems.
 
I agree. People can't have their cake and eat it too. If they want their king let them suffer the consequences.
 
eg2505 said:
100% agree with you, but if you live in a rural community, far far away from a city
and remember SA is big, its a lot easier for some to go to their leaders and get help then approaching a magistrate.

I like the fact that the choice remains with you, nobody forcing you to do anything, its left up to you.
Click to expand...

Not if Contralesa and NHTL have their way...

The Congress of Traditional Leaders of SA (Contralesa) and the National House of Traditional Leaders (NHTL) this week rejected the proposed opt-out clause, saying that traditional courts should apply to all rural residents, with no exception.
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Kings need their slaves;) How else will they get any :whistle:
 
A more balanced approach would be the traditional "courts" being in play, but they're a level below Magistrates courts and they are required to implement the law of the country rather than some backward bollocks traditional bullshyte which is not consistent with a modern society.
 
Convenient when it suits you that you can have traditional laws which contradict modern laws and yet still call it legal. There are several cultures who have had their traditional laws, regulations and traditions deemed illegal. Seems to be double standards at play.
 
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