Traditional Courts Bill [B1B–2017]

The Traditional Courts Bill provides a uniform legislative framework for the structure and functioning of traditional courts , in line with constitutional imperatives and values, as well as all related matters. Other objectives of the bill are:

• Affirming the values of customary law and customs in the resolution of disputes, based principles of restorative justice and reconciliation, and to align them with the Constitution.
• Affirming the role of traditional courts in terms of customary law by:
  • Promoting coexistence, peace and harmony in the community.
  • Enhancing access to justice by providing a forum for dispute resolution in accordance with the principle that recognises participation by all parties.
  • Promoting and preserving those those traditions, customs and traditional practices that are beneficial to communities, in accordance with constitutional values.
• Creating a uniform legislative framework regulating the structure and functioning of traditional courts in the resolution of disputes, in accordance with constitutional imperatives and values;
• Enhancing the effectiveness, efficiency and integrity of traditional courts in the resolution of disputes; and
• Facilitating the full and meaningful participation without discriminating against any member of a community in a traditional court in order to create an enabling environment.

The Portfolio Committee on Cooperative Governance and Traditional Leadership (COGTA) invites all interested stakeholders and organisations to forward written submissions and comments (preferably via email). Submissions can be forwarded to Ms Jackie Moteke or Ms Jabulile Nyembe. Physical submissions can be made the Gauteng Legislature Building.