Regulating the institution of traditional leadership

Abstract

This edition of Umhlaba Wethu focuses on communal tenure and specifically on the Communal Land Rights Act (CLRA), which, if implemented, will see the transfer of private title to communal land to ‘traditional communities’; and the Traditional Courts Bill (TCB), which, if enacted, will grant jurisdiction over customary matters to traditional courts. The TCB move to legalise traditional justice systems will decentralise courts to the local level of traditional communities living under customary practices. This has generated debate about the nature of the judicial functions the Bill aims to consign to traditional leaders. The issue is not so much whether traditional leaders should be responsible for the administration of justice, but the extent and nature of their involvement. In this edition, the Department of Justice and Constitutional Development explains what the Bill sets out to achieve, and critics raise a number of concerns about its shortcomings.