Regulating the institution of traditional leadership
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Date
2008-10
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
PLAAS
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.
Description
Keywords
Traditional Courts Bill, Land reform, Communal Land Rights Act, Traditional leadership, Communal Property Institutions (CPIs)
Citation
PLAAS. (2008). Regulating the institution of traditional leadership: Umhlaba Wethu No. 6. Bellville Institute for Poverty, Land and Agrarian Studies, University of the Western Cape.