Debate on the Traditional Court’s Bill

Posted in: on 17/11/2020 | Categorised as

  1. The Minority Front supports the COGTA Portfolio Committee view on the Traditional Courts Bill as amended.
  2. Although the MF acknowledges that the amendments ensure methods to enforce Traditional Courts decisions and or disputes through higher Courts, however concerns arise in terms of the composition of the Courts and specific training in for Traditional Leaders’ Constitutional Law. Other gaps are delegation and separation of powers the exclusion of legal representation, mandatory manual recording of proceedings and jurisdiction of Traditional Courts especially in terms of criminal matters. Further concerns lie with regulations in terms of e.g.: fees determined. Fees must not be prohibitive Hon. members and should be waived for women and children’s’ matters otherwise these cases may not be dealt with. Otherwise these will have to be addressed by other Chapter 9 institutions which is a tedious process. Futuristically, there are other diverse cultures that live in South Africa, who also practice rites, rituals, customs and traditions.
  3. We look forward to a transformed Traditional Court that can assist them to make these informed decisions. Furthermore, KZN cannot afford the implementation of this Bill.
  4. These are the main reasons why the MF does not support the Traditional Courts Bill- bIb- 2017 in its current form.
  5. Thank you.

Hon. S. Thakur-Rajbansi

DETAILS

Debated by: Hon. Shameen Thakur-Rajbansi

Minority Front Leader (KZN Legislature)

Date: Tuesday 17 November 2020

Time: 09:00 to 12:00

Word Count: 209 Words

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