Post-Colonial Traditional Courts in Botswana, the Kingdom of Eswatini and South Africa

Abstract

The evolution of customary courts in Botswana has brought changes from the traditional system of customary courts known from pre-colonial times. The change brought about successes but still has challenges that make the system far from perfect. Despite the state of imperfection, customary courts in Botswana have evolved in a manner that other countries, such as South Africa, may draw some lessons from, identifying what is constitutionally consistent in order to reform its own. On the other hand, traditional courts in the Kingdom of eSwatini did not evolve and are still regulated by tradition and custom. Despite that they did not evolve and are imperfect, they have aspects from which South Africa can draw lessons. South Africa has no choice but to reform its traditional courts to be in line with the Constitution. South Africa will have to look beyond itself in order to find some solutions to the challenges it faces to properly enact legislation that will not just regulate traditional courts but provide an effective and efficient system of traditional courts that will contribute meaningfully to the administration of justice.