Constitutional law expert Pierre de Vos says traditional leaders must be subject to the Constitution.
This comes after the Supreme Court of Appeal sentenced King Buyelekhaya Dalindyebo to 12 years imprisonment for arson, kidnapping and attempts to defeat the ends of justice.
The Xhosa monarch was set to appeal the ruling in the Constitutional Court, but de Vos said an appeal was not likely to succeed.
Listen to the full conversation (with John Webb standing in) on Breakfast with Kieno Kammies:
De Vos said customary law could not take over the role of the courts, and the legislature must take a stance on the power of traditional leaders in South Africa.
King Dalindyebo was due to report to prison but had his bail extended by two weeks. There were also claims that the Council of Traditional Leaders was looking for a chief to take the place of King Dalindyebo in jail.