Parliament, Wednesday, 14 March 2018 – The Portfolio Committee on Justice and Correctional Services today continued public hearings on the Traditional Courts Bill, with the issue of opting out of the system coming under the spotlight.
The purpose of the Bill is to provide a uniform legislative framework for the structure and functioning of traditional courts in line with constitutional imperatives and values. The Bill provides inhabitants of traditional communities with the option to either submit themselves to the traditional courts system or opt out by using the conventional courts system.
The committee heard views that the opting out clause could bring disorder to the system, with some saying that it could render traditional court systems obsolete. Questions were also raised about how opting out would occur and the legal status of traditional courts. The question of introducing legal representation into the system was also widely debated, with concerns expressed that this would change the tone of the system.
The committee also heard from the Centre for Child Law that matters such as abuse and domestic violence should be referred to magistrates’ courts and that this be made mandatory.
Committee Chairperson Dr Mathole Motshekga emphasised the importance of a “home grown” legal system that represents the values of the people. “The purpose of all legal systems, irrespective of whether it is a court or tribunal, is to get to the truth.” He assured the public that the committee will take all submissions into account when it debates on this matter in order to craft legislation what protects and respects custom, culture and, most of all, human rights.
ISSUED BY PARLIAMENTARY COMMUNICATION SERVICES ON BEHALF OF THE CHAIRPERSON OF THE PORTFOLIO COMMITTEE ON JUSTICE AND CORRECTIONAL SERVICES, DR MATHOLE MOTSHEKGA
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E-mail: razzakani@parliament.gov.za
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