26 Mar 2018
by Marianne Merten
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Parliament: Opt-Out, Traditional Courts Bill supporters’ most hated clause

In Parliament’s justice committee a push is under way to nix the Traditional Courts Bill’s opt-out clause that was drafted following extensive consultation to ensure South Africa’s 18-million rural residents do not forfeit constitutional rights. Why is this important? It […]

05 Oct 2017
by Constance Mogale
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Why red lights are flashing over consultation on communal land bills

Making their way through the legislative process are nine bills of seminal significance to people living on rural communal land. The Alliance for Rural Democracy appeals to the National Council of Provinces (NCOP) in particular to uphold the constitutional rights […]

23 Aug 2017
by Alliance for Rural Democracy
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MEDIA RELEASE: Civil society calls for careful consideration of new laws on traditional leadership, courts and land

Civil society and community-based activists demand a say in the consideration of Bills currently before Parliament that would fundamentally affect the rights and lives of people living in rural and traditional communities.

29 Mar 2016
by Nolundi Luwaya
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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 […]

25 Jan 2016
by Nolundi Luwaya
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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, […]

30 Oct 2015
by Phiwe Ndinisa
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New bill leaves communities at leaders’ mercy

Parliament is about to begin nationwide public hearings on a new law to regulate the roles of traditional and Khoi-San leaders. The debate, which is expected to kick off in mineral-rich North West next month, will pit rural communities against […]

08 Oct 2015
by Thiyane Duda
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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 […]

15 Jun 2015
by Sindiso Mnisi Weeks
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The Traditional Courts Bill Is Soon To Be Back – New Bill or Old Bill With Embellishments?*

The murmurings about the Traditional Courts Bill are true. The Department of Justice and Correctional Services intends to table it in Parliament in the next few months. Readers may recall that this is the Bill intended to regulate dispute resolution […]