There is a Bill before parliament which if passed into law will empower the traditional leaders (kings, chiefs, headmen) to hear legal disputes and to pass judgement. The traditional leaders will apparently hear both criminal and civil cases acting as magistrates.
Traditional leaders have for a long time served as arbiters of disputes between members of their tribes or clans. Traditional leaders continue to play this role today. This system of justice, as far as I can tell is largely voluntary - to a point. For those South Africans who live in the rural areas of our country and on so-called tribal land, the system is compulsory. As members of the community concerned, this is at times the only form of justice they know.
Should we not be moving in the direction that will see us include all South Africans under one systems of justice that takes into account all factors of South African life? Arguments are made to the effect that the bill seeks to roll out justice to the South African citizens who do not have ready access to justice. Do these arguments hold? I say bollocks.
The work done by traditional leaders and other community leaders in resolving disputes is an important one; it is one that should not be confused with the work done by judicial officers. Furthermore, the importance of the work of the traditional and community leaders does not need the cloak of officialdom in order to be credible.
This is a country with a history of fragmentation and divisions. It is ill-advised for us to introduce separate but equal justice systems that will apply different laws and rules. Communities however constituted, must and will continue to settle disputes and engender peace.
The law and justice system is and should remain the one thing all South Africans can always turn to in times of need. The integrity of the legal and justice system is the one thing we should never mess or tamper with. In the absence of a justice system we all have confidence in, how else will we settle disputes? From a woman who wishes to wear what she wants, to a family that wishes to save a patch of land for survival, we should all be guaranteed access to justice.
What value will fragmenting the South African justice system bring?
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Having read our Constitution a few times before, I'm quite intrigued by the suggestion that poorer South Africans (those in the rural areas) must content themselves with "justice" by the chiefs. Whilst the "better-off", and I use this phrase loosely, South Africans who live in the townships or urban areas, are entitled to justice by our courts. Instead of finding means and ways to afford equal access to all the people of SA to our courts, the government sees it fit to further impoverish the already impoverished.
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