BuaNews (Tshwane)

South Africa: Justice Minister to Unveil Traditional Justice Framework

Nelspruit — Justice and Constitutional Development Minister, Brigitte Mabandla will on Friday launch the policy framework on the Traditional Justice System in Mpumalanga.

"The objective of this policy framework and the envisaged legislation is to preserve the African justice value system which has evolved over time.

"It will ensure the effectiveness and efficiency of the traditional court system in the administration of justice," said the department earlier this week. Approved by the Cabinet in March this year, the framework is a result of consultation with traditional leaders in South Africa, and has been practiced in countries like India, Botswana and Australia.

Although the traditional courts exist in eight of the nine provinces in the country with the Western Cape being the only province which does not have traditional courts, they will still operate in terms of the old Black Administration Act of 1927.

The Black Administration Act will be aligned with the new Constitutional values. In this light the department said it was important that the traditional justice system be brought in line with democratic and constitutional principles as certain elements of the two Acts were are incompatible. "Aligning the traditional courts with the country's Constitution and judiciary, will make a significant contribution towards bringing justice closer to the estimated 18 million people who live in rural communities and continue to interact with, and embrace the traditional court system."

Under the new order the traditional courts will no longer exercise jurisdiction based on race or ethnicity but will be defined in terms of the area of jurisdiction of traditional communities recognised by the province's premiers.

According to the department traditional leaders and personnel working in the traditional courts will have to respect and observe the rights enshrined in the Bill of Rights. Former degrading and cruel practices such as corporal punishment are now outlawed and women will have equal and free participation in the proceedings of the traditional courts, the department said.

To enhance their efficiency the department said government will be investing on the training of traditional leadership to ensure that the traditional courts' operation is consistent with the constitution. This will also ensure that the courts provide speedy access to justice and that less serious sentences are dealt with in accordance to restorative justice to promote social cohesion.

It is envisioned that the draft Traditional Courts Bill will be introduced in Parliament during the course of this year. The Traditional Courts Bill which deals with civil and criminal jurisdiction of traditional leaders is hoped to be introduced later this year.

The Bill will go a long way in facilitating the contribution of traditional authorities in the criminal justice system.

Traditional leaders are seen as agents of social cohesion through initiatives that encourage communities to share common moral values and a development agenda Working closely with law enforcement agencies, they can rid their communities of criminal activities.


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