The Traditional Courts Bill currently under discussion in South Africa’s parliament and due to be enacted by the end of 2012 could undermine the basic rights of some of the country’s most vulnerable inhabitants: the 12 million women living in remote rural communities across the country.
The bill aims to "provide more South Africans improved access to justice" by recognising traditional authorities and laws. Through it, traditional leaders in remote areas would be given unilateral power to create and enforce customary law.
The bill sparked an outcry in 2008 when it was first tabled in the National Assembly. But with it due to come into effect at the end of 2012, civil rights groups are becoming increasingly vocal in their demand to have it declared unconstitutional.
The bill will allow traditional leaders to hear civil cases including disputes surrounding contract breach, damage to property, theft and crimen injuria or "unlawfully, intentionally and seriously impairing the dignity of another," if such assault does not result in grievous bodily harm.
But many civil rights groups have slammed the proposed bill. According to Jennifer Williams, director of the Women’s Legal Centre in Cape Town, South Africa, the bill would "place all power in the hands of a single individual – in almost all cases a man – and effectively make him judge, jury and implementer."
