Traditional Courts in South Africa in the Twenty-First Century

Abstract

Introduction This chapter analyzes the evolution, features, function, and future of traditional (or customary law) courts in South Africa. It begins by examining, and ultimately discarding, the critique that traditional courts are not “real” courts of law. It then outlines the main features of traditional courts that differentiate them from common and civil law courts. The third section of the chapter acknowledges and responds to some of the major criticisms of the customary legal system in South Africa. The final part of the chapter is devoted to the future of traditional courts.