Committee examines traditional court changes
Opt-out mechanism of Traditional Courts Bill sparks a debate among Parliament’s portfolio committee members on the stature of the traditional court bodies
The latest version of the Traditional Courts Bill has made its way to Parliament’s portfolio committee on justice and correctional services, with the bill’s opt-out mechanism sparking a hot debate among members on the stature of the traditional court bodies. The latest version of the bill was approved by Cabinet in December but was only released to the public a week ago. It included an opt-out provision for people who did not want to be subjected to a criminal court. Many read this provision as an attempt at mollifying opponents of previous versions of the bill, who believed that the bill would further subjugate women living in former homeland areas and that it would give traditional leaders too much power with impunity in their boundaries. The Department of Justice and Constitutional Development’s state law adviser, Theresa Ross, told the committee that the traditional courts were now optional and that the bill had a mechanism wherein the courts’ decisions could be reviewed by a hi...
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