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Traditional Courts Bill

Traditional Courts Bill sidelines women
Editorial
/ 15 September 2022

Traditional Courts Bill sidelines women

There are serious concerns about the constitutionality of the bill

By Editorial
Parliament passes problematic Traditional Courts Bill
Opinion
/ 13 September 2022

Parliament passes problematic Traditional Courts Bill

The Stop the Bantustans Campaign says the current version of the Bill is unconstitutional as it has no opt-out clause, thereby forcing rural people to use courts with which they may have no affiliation

By Stop the Bantustans Campaign
Government does not have the right to ignore rural citizens
Thought Leader
/ 24 May 2021

Government does not have the right to ignore rural citizens

Proposed changes to the Traditional Courts Bill to remove the possibility to “opt out” and use magistrate’s courts instead are probably unconstitutional, and definitely play into the hands of traditional leaders instead of their communities

By Wilmien Wicomb
The ‘Bantustan Bills’ remain disastrously flawed
Article
/ 5 June 2019

The ‘Bantustan Bills’ remain disastrously flawed

If passed, powers will be given to unelected leaders and people will be dispossed of land rights

By Letlhogonolo Mokgoroane
Women’s rights must include land rights
Article
/ 9 August 2018

Women’s rights must include land rights

Women around the world tell a similar tale of tilling the land and producing food but being denied secure rights to land

By Palesa Lebitse
​Women’s rights vs patriarchal traditions: Where does the ANC Women’s League stand?
Analysis
/ 16 August 2016

​Women’s rights vs patriarchal traditions: Where does the ANC Women’s League stand?

Acquiescing to virginity testing in KwaZulu-Natal represents the start of an entrenched tolerance for patriarchy in the organisation’s ranks.

By Staff Reporter
State at odds with the rights of rural people
Analysis
/ 27 February 2014

State at odds with the rights of rural people

The government’s approach to traditional affairs runs counter to the guarantee of equality for all.

By Mbongiseni Buthelezi
Reviled Land Act is being re-enacted
Analysis
/ 6 February 2014

Reviled Land Act is being re-enacted

The irony of two "tribal" Bills that serve the interests of chiefs over ordinary citizens appears to be lost on the ANC, writes Aninka Claassens.

By Staff Reporter
Traditional courts fracas goes on
Article
/ 17 October 2013

Traditional courts fracas goes on

The Traditional Courts Bill goes back to the provinces, raising fears that they will be bullied into supporting it.

By Andisiwe Makinana
Traditional Courts Bill sent back to provinces
Article
/ 15 October 2013

Traditional Courts Bill sent back to provinces

Parliament has referred the controversial Traditional Courts Bill back to the provinces for "further consultation" despite most rejecting it.

By Andisiwe Makinana
Intellectual property: Bids for traditional knowledge
Article
/ 8 August 2013

Intellectual property: Bids for traditional knowledge

In 2004, the Cabinet approved the adoption of a policy on indigenous knowledge systems.

By Staff Reporter
Traditional law denies rights
Analysis
/ 28 March 2013

Traditional law denies rights

It appears that the Constitutional Court is divided between the customary and the constitutional when it comes to the Traditional Courts Bill.

By Serjeant At The and Bar Author
Parliament draws fire on Traditional Courts Bill
Article
/ 25 October 2012

Parliament draws fire on Traditional Courts Bill

Controversy is brewing as Parliament ignored an overwhelming number of submissions made by the public into the controversial Traditional Courts Bill.

By Andisiwe Makinana
The Traditional Courts Bill is a legal travesty
Analysis
/ 28 September 2012

The Traditional Courts Bill is a legal travesty

The Traditional Courts Bill gives chiefs autocratic powers over people forced into tribal boundaries they reject, writes Aninka Claassens.

By Staff Reporter
Traditional Courts Bill revamped beyond recognition
Article
/ 21 September 2012

Traditional Courts Bill revamped beyond recognition

The justice and constitutional development department is working hard to save the Traditional Courts Bill after factoring in all proposed amendments.

By Andisiwe Makinana
Dissent over Traditional Courts Bill
Article
/ 14 September 2012

Dissent over Traditional Courts Bill

Parliament has asked for clarity as the departments of Lulu Xingwana and Jeff Radebe contradict each other on the Traditional Courts Bill’s validity.

By Andisiwe Makinana
Traditional Bill outcry
Article
/ 6 September 2012

Traditional Bill outcry

Work on the Traditional Courts Bill, which seeks to regulate the traditional courts to bring them in line with the Constitution will continue.

By Andisiwe Makinana
Deep read: Violence goes beyond blood
Analysis
/ 26 July 2012

Deep read: Violence goes beyond blood

Horrific attacks on LGBTI people require context, not shrill headlines, if they are to be understood and prevented, writes Melanie Judge.

By Staff Reporter
A chief rules by people power
Analysis
/ 14 June 2012

A chief rules by people power

A central concept of precolonial society provides a key to the way forward in a modern democracy, writes Professor Jeff Guy.

By Jeff Guy
The Traditional Courts Bill must start with women’s rights
Article
/ 7 June 2012

The Traditional Courts Bill must start with women’s rights

Shirhami Shirinda, a member of a rural royal family, argues that the Traditional Courts Bill will only serve to disempower many women.

By Shirhami Shirinda
No image available
Article
/ 31 May 2012

‘Tradition’ means male patronage

The lofty debate about the Traditional Courts Bill conceals its likely impact on the poverty of rural people, writes Chris Zithulele Mann.

By Letters
Boost for traditional courts
Article
/ 24 May 2012

Boost for traditional courts

Some women in Limpopo’s Vhembe district say their traditional powers should be expanded, writes Kwanele Sosibo

By Kwanele Sosibo
‘Designed to suit the psychology of the natives’?
Article
/ 24 May 2012

‘Designed to suit the psychology of the natives’?

A new Bill before Parliament gives traditional leaders considerable powers. Nomboniso Gasa arguments against the bill.

By Staff Reporter
Traditional leadership is part of us
Article
/ 24 May 2012

Traditional leadership is part of us

A new Bill before Parliament gives traditional leaders considerable powers. Monde Nkasa arguments for the Bill.

By Monde Nkasawe and Comment Author
DA opposes Traditional Courts Bill
Article
/ 24 May 2012

DA opposes Traditional Courts Bill

The Democratic Alliance will oppose the draft traditional courts Bill in its entirety, says party leader Helen Zille.

By Sapa
Balancing law and tradition
Article
/ 23 May 2012

Balancing law and tradition

The African system of justice administration, as epitomised by traditional courts, is welcoming to those who seek justice, says Phathekile Holomisa.

By Staff Reporter
Chiefs lobby for power lost in apartheid transition
Article
/ 11 May 2012

Chiefs lobby for power lost in apartheid transition

Traditional leaders, excluded from real power since the interim constitution was replaced by the permanent version, are looking for a ‘Zuma dividend’.

By Phillip De Wet
No image available
Article
/ 24 February 2012

Harsh customs: Chiefs punish with pecuniary powers

Rural woman are mostly the worst affected by traditional leader’s powers. impose taxes and levies.

By Heidi Swart
Rural leadership elections in chaos
Article
/ 24 February 2012

Rural leadership elections in chaos

The election of traditional councils has been hampered by vague legislation, poor oversight and tension between the Constitution and customary law.

By Niren Tolsi
Subject to the traditional leaders’ whims
Article
/ 20 February 2012

Subject to the traditional leaders’ whims

The latest Traditional Courts Bill could place rural people under the legal jurisdiction of the rulers of their former homelands.

By Staff Reporter

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