OPT-OUT CLAUSE
Bill says traditional courts not mandatory
The latest version of the traditional courts bill addresses the role of women and includes an opt-out clause for South Africans in the former homelands
South Africans living within the boundaries of former homelands under traditional leaders and who do not wish to participate in traditional courts will have the option to opt out under the latest version of the traditional courts bill. The government set up a reference group to look into the bill as previous versions were met with opposition from civil rights groups and eight of the country’s nine provincial legislatures. The bill was approved by the Cabinet in December 2016, but its contents have been kept under wraps. Earlier versions were criticised for allowing traditional leaders too much power, disadvantaging women in former homelands and creating a parallel system inconsistent with the Constitution.
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