Traditional courts bill 'flawed'

2012-06-25 21:49

Johannesburg - The Traditional Courts Bill (TCB) is flawed in its present form, the Council for the Advancement of the SA Constitution (Casac) said on Monday.

"The TCB as it currently stands violates fundamental constitutional provisions and is therefore fatally flawed," spokesperson Lawson Naidoo said in a statement.

Casac was responding to comments by Congress of Traditional Leaders of SA (Contralesa) president Nkosi Pathekile Holomisa and Chief Mangosutho Buthelezi regarding the proposed legislation.

"Holomisa mischievously misconstrues opposition to the TCB as an attack on the institution of traditional leadership...," Naidoo said.

Casac was of the view that the recognition of customary law was important for strengthening constitutional democracy, provided its implementation was guided by the Constitution.

Naidoo said the national council of provinces (NCOP) in Eastern Cape, Gauteng, North West and Western Cape had rejected the TCB in its entirety.

KwaZulu-Natal, Free State, Northern Cape and Limpopo supported the bill but wanted it amended.

Mpumalanga requested a three-month extension to finalise its position on the TCB.

Casac appealed to the NCOP to formulate legislation that affirmed the place of customary law within the provisions of the Constitution in keeping with the principle of "one law for one nation in a unitary state".

"We appeal to all leaders... including political parties, traditional leaders and elected representatives to engage in a manner that encourages all South Africans to voice their opinions, without fear or favour, and in an atmosphere free of intimidation," Naidoo said.

  • okamankwanyana - 2012-06-26 06:04

    The Casac is absolutely right... The traditional leaders know nothing abt the constitution and will abuse power to intimidate people from the rural... Matters must just be dealt in the current fashion in respect with the courts of the land excersising fair rights for all... Amakhosi nje athanda izinto ezizowaxaka ngoba amaningi awo awafundile enjalo nje...

      piet.boerie - 2012-06-26 06:25

      Agreed. We either practice westminster democracy or not. Have we not learnt from our history that non-elected officials are always bad. This just politics from JZ ganering support. We should see some more money for the war Vets soon just after the Zulu Royal family got a major pay rise. If we did not vote for you, you dont derserve our tax payers money. Women in rural areas will suffer the most. Its time for a change....

  • grant.montgomery.5074 - 2012-12-05 23:33

    It would seem like If this bill is ever adopted SA is going backwards faster than I thought. Tribal leaders want to reintroduce apartheit - far cry from pre 1994 when they said all people shold be equal before the law. It seems the leaders want to revert to the days when handing over a few cows would settle the matter.

  • Jonathan Woods - 2013-12-01 09:52

    I am all for it as long as it involves punishments that have been left out by our overly liberal national constitution. Nothing like a good stoning, or cutting off of limbs or maybe even a necklassing for the murderers and rapists.

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