traditional courts

Traditional bill ‘dead in the water’

Published date: 
14 Jun 2012

After weeks of countrywide public hearings on which hundreds of thousands of taxpayers’ rands were spent, the department of justice and the select committee on security and constitutional development received a rude wake-up call on the controversial Traditional Courts Bill, reports City Press. Most of the provinces either rejected the bill or asked for massive changes. In what can be described as a victory for rural women, who have waged war against the bill since it was tabled in 2008, the department of justice will have to go back to the drawing board.


It’s back to the drawing board for justice department as most provinces reject proposed legislation

The controversial Traditional Courts Bill is still with us – albeit mortally wounded and limping painfully towards the parliamentary cupboard.

After weeks of countrywide public hearings on which hundreds of thousands of taxpayers’ rands were spent, the department of justice and the select committee on security and constitutional development received a rude wake-up call this week.

Most of the provinces either rejected the bill or asked for massive changes.

Lived Realities Under Traditional Authorities

Lived Realities Under Traditional Authorities
Published date: 
28 May 2012
Government should revise the Traditional Courts Bill, which activists argue is promoting patriarchal practices in rural areas and also discrimination against women. The Rural Women’s Movement (RWM), a KwaZulu-Natal NGO, has in the course of its work with more than 50 000 rural women extensively documented the harsh realities of rural lives under the unaccountable authority of traditional leaders and their institutions of power.

In a district that cannot be named for fear of reprisal the traditional leader unilaterally controls community resources and access to land. In most instances, where there are projects that rural women have initiated without him, for example a sewing machines project, he tries to undermine the projects and threatens to remove the resources needed for the project, e.g. sewing machines. His ‘justification’: he feels like he has no control over the project and the money involved.

At amaHlubi, RWM is working with an elderly woman who is a widow living alone. Her only source of income is the state social grant. She compliments the grant by growing food in her garden. Cattle from neighbouring eMangweni kept destroying her food garden. In trying to support her, we encouraged her to report the matter to the eMangweni traditional court. She approached the eMangweni traditional court, which is about 10 kilometres from her home, but was sent away because the court “does not speak to a woman”. The court demanded that she be represented by a man. As she does not have a man in her home she cannot return to the court and has stopped growing food in her garden. As RWM, we regard this as an example of the feminisation of poverty

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