Department of Justice and Constitutional Development
The justice and constitutional development department has published an explanatory summary of the Traditional Courts Bill in the Government Gazette for public comment.
According to the notice, the department intends reintroducing the bill in Parliament in January 2012.
Written comment is invited until 15 February 2012.
The explanatory summary is published in terms of rule 186 of the rules of the national council of provinces (NCOP).
The bill was originally tabled in the national assembly in 2008.
The portfolio committee on justice and constitutional development held public hearings on the bill during 2008.
Many issues were raised by interest groups including:
• Designation of traditional leaders as presiding officers
• Low levels of participation by women
• The prevention of legal practitioners to represent practitioners
• Exclusion of structures within traditional justice system
• The appeal mechanism
The bill was withdrawn from the national assembly on 2 June 2011 with the intention of introducing it into the NCOP.
Parliament has to pass the bill during 2012 so that it can be signed into law before the end of the year.
Therefore, according to the notice, the select committee on security and constitutional development will take the submissions received during the hearings in 2008 into account together with any further submissions arising from their own hearings process.
The bill aims to:
• Give recognition to the traditional justice system and its values
• Explain how traditional courts are to be set up
• Lay down how they are to operate
• Enhance customary law
Sabinet Cape Town Office
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