Tag: customary law

Response to king’s actions may shape customary law

A number of commentators have sought to justify King Buyelekhaya Dalindyebo’s actions against his subjects on the basis that he was acting as a judicial officer.  Court records show the king failed to convene a customary court to hear and decide the outcome of the crimes his subjects are alleged to have committed. His failure …

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Permanent link to this article: https://www.customcontested.co.za/response-kings-actions-may-shape-customary-law/

King Dalindyebo’s disregard for customary law is the problem, not his conviction

The recent judgment of the SCA confirming the conviction of King Buyelekhaya Dalindyebo and upholding a sentence of 12 years imprisonment has been strongly criticised by supporters of the king. The most vocal critics have been former President of CONTRALESA, Phatekile Holomisa, and Thami kaPlaatjie, advisor to the Minister of Human Settlements, Lindiwe Sisulu. Both …

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Permanent link to this article: https://www.customcontested.co.za/king-dalindyebos-disregard-for-customary-law-is-the-problem-not-his-conviction/

Traditional bill strips people of their rights

Accidents of birth or history, including the history of forced removals, can mean that people living on one side of a line on an old apartheid map are members of traditional communities with imposed tribal identities and limited constitutional rights.   Those living metres away on the other side of that line enjoy the full …

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Permanent link to this article: https://www.customcontested.co.za/traditional-bill-strips-people-of-their-rights/

Deputy Minister fails to reassure on objections to TKLB

The Deputy Minister of Co-operative Governance and Traditional Affairs, Obed Bapela, sought when he introduced the Traditional and Khoisan Leadership Bill to MPs today, 27 October, 2015, to address some of the main objections raised by rural and traditional communities.

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Permanent link to this article: https://www.customcontested.co.za/deputy-minister-fails-to-reassure-on-objections-to-tklb/

Bill could’ve made all Dalindyebo’s acts legal

ABATHEMBU King Buyelekhaya Dalindyebo’s largely unsuccessful appeal might have played out quite differently had the government’s Traditional Courts Bill (TCB) not been defeated by a majority of provinces in 2013. His arguments against imprisonment for a range of crimes from arson to assault and culpable homicide could have had more traction under the legal regime …

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Permanent link to this article: https://www.customcontested.co.za/bill-couldve-made-all-dalindyebos-acts-legal/

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