Abstract

Mazibuko K. Jara interviews Yunus Carrim,Deputy Minister of Cooperative Governance and Traditional Affairs, about the Traditional Courts Bill and its implications.

Highlights

  • For example, 'The Traditional Courts Bill of 2008: documents to broaden the discussion to rural areas'

  • With regard to the Xhosa, HammondTooke, Command or Consensus, 68, 74 fn 13 notes that decisions are made by the 'community-in-council'

  • It is sometimes the very fact that they are distinct in this way that attracts the people who choose to use them. (See Mnisi, The interface between living customary law(s) of succession and South African state law, 282-83) it is sometimes the extent of this fact that is responsible for complaints by community members who express the concern that this prevents them from obtaining the objective justice that they would wish. (See Mnisi, The interface between living customary law(s) of succession and South African state law, 222 and 'The Traditional Courts Bill of 2008: documents to broaden the discussion to rural areas'). 33

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Summary

Introduction

Do the TCB and other laws, such as the Communal Land Rights Act of 2004 (CLARA) and the Traditional Leadership and Governance Framework Act of 2003 (TLGFA), entrench these BAA tribal boundaries and structures? The TLGFA enables traditional leaders to contribute to social cohesion and the development of rural people. In the same way that we need civil society support, traditional leaders can play a developmental role.

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