Why the Traditional Courts Bill is problematic

Many parts of the Traditional Courts Bill are outdated and problematic, says social justice activist and public policy expert Sindiso Mnisi Weeks.

The controversial Traditional Courts Bill has been before Parliament for hearings once again.

Weeks says legislation needs to be updated to be more consistent with the constitutional era and to recognise traditional forums as they exist today.

In the past, government has not practically or effectively reflected the inputs made by the public, she explains.

While the Traditional Courts Bill was updated last year, Weeks says some parts of the legislation are still not up to scratch.

Read: New Traditional Courts Bill undermines traditional structures - Contralesa

Weeks says the laws don't allow for agency or free expression of culture outside of pre-colonial ideas of tradition.

The traditional courts have been governed since 1927 by the Black Administration Act.

Sindiso Mnisi Weeks - Assistant Professor o Public Policy of Excluded Populations at the University of Massachusetts Boston

It's very old and very out of date with the reality of traditional courts right now.

Sindiso Mnisi Weeks - Assistant Professor o Public Policy of Excluded Populations at the University of Massachusetts Boston

It's always been out if step with the way that traditional courts function.

Sindiso Mnisi Weeks - Assistant Professor o Public Policy of Excluded Populations at the University of Massachusetts Boston

It needs to be more consistent with the democratic era, and value and recognise traditional communities which exist in terms of their cultural identities.

Sindiso Mnisi Weeks - Assistant Professor o Public Policy of Excluded Populations at the University of Massachusetts Boston

She raises several issues about the bill, including its limits on traditional leadership models, and how it neglects to protect and provide for women.

Take a listen to her expert opinion and analysis:


Recommended

by NEWSROOM AI
Read More
Game of Thrones cast remember their days on set and what stood out for them

Game of Thrones cast remember their days on set and what stood out for them

Khabazela shares tweets, YouTube videos and Facebook posts that are going viral on social media.

Borderline personality disorder painted badly on the internet, says expert

Borderline personality disorder painted badly on the internet, says expert

Clinical psychologist Jeanie Cavé says according to research the condition is as a result of trauma and is hard to treat.

[WATCH] Eusebius delivers emotional obituary for Kaizer Chiefs

[WATCH] Eusebius delivers emotional obituary for Kaizer Chiefs

The Glamour Boys lost the Nedbank Cup final to underdogs TS Galaxy on Saturday.

The down low theory: 'Can we just call it what it is? It's good old cheating!'

The down low theory: 'Can we just call it what it is? It's good old cheating!'

Eusebius explores cheating and how it affects all kinds and people.

Caller pleads with Christians not to use scripture to hurt others

Caller pleads with Christians not to use scripture to hurt others

Recovering misogynist Percy reflects on his unjustified hatred towards his partner on the Eusebius Mckaiser Show open line.

New Traditional Courts Bill undermines traditional structures - Contralesa

New Traditional Courts Bill undermines traditional structures - Contralesa

The new bill wants courts to promote and protect the representation of women and allow for parties to opt out. Listen to this important debate.

Popular articles
Standard Bank takes on Capitec Bank with low-fee account, gigabytes of free data

Standard Bank takes on Capitec Bank with low-fee account, gigabytes of free data

The account costs R4.95 per month; you get 1GB of free data. Swipe 4 times a month; you get 0.5GB of free data and R50 airtime.

'You can easily get a 15% total return from a share like MultiChoice'

'You can easily get a 15% total return from a share like MultiChoice'

Is there an investment case for MultiChoice? Arabile Gumede interviews Jacques Plaut, a Portfolio Manager at Allan Gray.

Huawei users in SA told not to panic over Android ban

Huawei users in SA told not to panic over Android ban

Google is suspending its business relationship with Chinese smartphone manufacturer.

[WATCH] Eusebius delivers emotional obituary for Kaizer Chiefs

[WATCH] Eusebius delivers emotional obituary for Kaizer Chiefs

The Glamour Boys lost the Nedbank Cup final to underdogs TS Galaxy on Saturday.

'It is very clear that Ramaphosa is under attack from Magashule and others'

'It is very clear that Ramaphosa is under attack from Magashule and others'

News24 editor-in-chief Adriaan Basson says there is a definite fight back from the ANC secretary-general against the president.

Schwarzenegger urges public not to give Sandton 'fan' the attention he craves

Schwarzenegger urges public not to give Sandton 'fan' the attention he craves

A video of a young man kicking actor and former US governor Arnold Schwarzenegger in the back on Saturday in Joburg went viral.