Judge Madondo launches book

2018-10-11 06:01
PHOTOS: thami Ka-nkosiSpeaking at the launch, Deputy Judge President Isaac Madondo.

PHOTOS: thami Ka-nkosiSpeaking at the launch, Deputy Judge President Isaac Madondo.

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Deputy KZN Judge President Isaac Madondo launched his book, titledRole of Traditional Courts in the Justice System, in Port Shepstone last week. In it, he states that it is about time that customary law receives appropriate treatment and recognition as a constitutionally recognised source of law.

The launch took place on Wednesday, September 26 at the Ray Nkonyeni Municipality council chambers.

The book focuses on traditional law practice and the Constitution, and also on the role of traditional courts in the justice system, acting within the Constitution.

“It is time now that customary law receives appropriate treatment, it regulates the lives of millions of people in South Africa,” said the judge president

“Everybody must be conversant with it now because it can’t be wished away. It is part of law. It applies throughout with no limitation. The distinction is that it allows more than one marriage.”

Judge Madondo said it all began in 2016 when he was approached by the Department of Traditional Affairs and the premier’s office to advise on SA customary issues relating to izinduna and amakhosi (traditional headmen and leaders).

“I started drafting the document. The response was overwhelming to such an extent that the SA Judicial Education Institute trained amakhosi. I was then invited to amakhosi training and I made a presentation there.”

The judge said he then realised there was a big gap in the application of law since the change of the political system and the introduction of the new Constitution.

“Our customary law is under-developed and was somehow allowed to degenerate. In certain instances it is not aligned with the Constitution nor is it aligned with the social change for it to keep pace with that change. I realised there is a great need for a document of this nature,” he said.

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