Traditional Courts Bill
General Resources
Legislation
- Traditional Courts Bill B1-2012. Download
- Traditional Courts Bill B15-2008. Download
Alliance for Rural Democracy: Media Resources
- MEDIA RELEASE by the Alliance for Rural Democracy (5 December 2012). Download
- MEDIA RELEASE by the Alliance for Rural Democracy (3 November 2012). Download
- MEDIA RELEASE by the Alliance for Rural Democracy (24 October 2012). Download
- MEDIA RELEASE by the Alliance for Rural Democracy (22 October 2012). Download
- MEDIA RELEASE by the Alliance for Rural Democracy (20 September 2012). Download
- MEDIA RELEASE by the Alliance for Rural Democracy (18 September 2012). Download
- MEDIA RELEASE by the Alliance for Rural Democracy (2 September 2012). Download
- MEDIA RELEASE by the Law, Race and Gender Research Unit (2 August 2012). Download
- MEDIA RELEASE by the Alliance for Rural Democracy (28 June 2012). Download
- MEDIA RELEASE by the Alliance for Rural Democracy (31 May 2012). Download
- MEDIA RELEASE by the Alliance for Rural Democracy (27 May 2012). Download
- MEDIA RELEASE by the Alliance for Rural Democracy (7 May 2012). Download
- MEDIA RELEASE by the Alliance for Rural Democracy (19 April 2012). Download
- MEDIA RELEASE by the Alliance for Rural Democracy (11 April 2012). Download
- "STOP the Traditional Courts Bill", brochure by the Alliance for Rural Democracy (April 2012). Download in English
Alliance for Rural Democracy: Reports
- Report on HSRC Seminar, "TCB: A step backwards for our Constitutional gains on gender equality?" with Sizani Ngubane and Phathekile Holomisa (July 2012). Download
Audiovisual Resources
- 'Radebe allays fears over Traditional Courts Bill', Segment on SABC 2 News, published by sabcdigitalnews on YouTube (16 October 2012). Watch here
- 'The Traditional Courts Bill has been opposed by almost all stakeholders', Segment on SABC 3 News, published by sabcdigitalnews on YouTube (23 September 2012). Watch here
- 'Women's Parliament has resolved to accept the Traditional Courts Bill', Segment on SABC 2 News, published by sabcdigitalnews on YouTube (31 August 2012). Watch here
- Sindiso Mnisi Weeks on 702 Talk Radio, 'Talk at Nine with Eusebius McKaiser' (18 July 2012). Download from 702 website
- 'NCOP tackles Traditional Courts Bill', Segment on View From The House (SABC 2), published by sabcdigitalnews on YouTube (5 June 2012). Watch here
- 'Parliament warned about Traditional Courts Bill' (SABC 2 News), published by sabcdigitalnews on YouTube (30 May 2012). Watch here
- Traditional Courts Bill: A Silent Coup? A documentary by the Law, Race and Gender Research Unit, UCT, 2012 (condensed version). Watch here
- "Cultural Right or Cultural Repression?" Constitution Week Panel hosted by the Democratic Governance and Rights Unit (UCT), 15 March 2012: Audio recordings
- Presentation by Sindiso Mnisi Weeks (Law, Race and Gender Research Unit). Download
- Presentation by Patekile Holomisa (Contralesa). Download
- Presentation by Mamphela Ramphele (Citizen Movement for Social Change). Download
- 'Phathekile Holomisa on the implications of the Traditional Courts Bill', Segment on View From The House (SABC 2), published by sabcdigitalnews on YouTube (28 February 2012). Watch here
Legislative Process Updates: B1-2012
18 - 21 September 2012: NCOP Public Hearings
18 July 2012
- Letters to Provincial Legislatures by Legal Resources Centre, regarding the NCOP's request for further hearings on the Traditional Courts Bill.
(If you wish to receive a copy of any of these letters please request them via e-mail from Sue Wright.)
31 May 2012
- Preliminary Summary of Provincial Public Hearings by Law, Race and Gender Research Unit. Download
- Letter to Chair of the NCOP by Legal Resources Centre. Download
30 May 2012: NCOP Negotiating Mandates
April - May 2012: Provincial Public Participation Process
- Summary of Dates and Venues for Provincial Public Participation Process around the Traditional Courts Bill [B1-2012], as at 15 May 2012. Download
- Report on public hearings in the North West Province, by the Bafokeng Land Buyers' Association. Download
14 March 2012
- Agenda and previous meeting Minutes. Meeting of the Select Committee on Security and Constitutional Development: Adoption of Committee programme; 14 March 2012. Download
- '2nd Term Programme 2012: 9 April 2012 - 22 June 2012'. Meeting of the Select Committee on Security and Constitutional Development: Adoption of Committee programme; 14 March 2012. Download
7 March 2012
- 'Agenda'. Select Committee on Security and Constitutional Development: Briefing by the Department of Justice and Constitutional Development on the Traditional Courts Bill; 7 March 2012. Download
- 'Proposed: Programme of the Select Committee on Security and Constitutional Development on the Traditional Courts Bill'. Select Committee on Security and Constitutional Development; 7 March 2012. Download
- 'Background and policy perspectives on the Traditional Courts Bill: Briefing to the Select Committee on Security and Constitutional Development'. Presentation by the Department of Justice and Constitutional Development; 7 March 2012. Download
Guidelines
- Guidelines for writing a letter (to the Speaker and Select Committee). Download
- Guidelines for writing a submission (to Parliament). Download
Submissions
NGO & Academic Submissions: B1-2012
The LRG's submission has been endorsed by the following organisations: Democratic Governance and Rights Unit (UCT); Centre for Applied Legal Studies (CALS); Open Democracy Advice Centre (ODAC); Southern Africa Litigation Centre; African Gender Institute (UCT); Treatment Action Campaign (TAC); Section 27; Socio-Economic Rights Initiative (SERi); Wits Center for Rural Health (University of the Witwatersrand); Rural Health Advocacy Project; Professor Pierre de Vos; Professor Cathi Albertyn; Rural Doctors Association of Southern Africa (RuDASA); School of Public Health and Family Medicine (University of Cape Town); Epilepsy South Africa Western Cape Branch; Raith Foundation; Community Law Centre (University of the Western Cape); National Movement of Rural Women (NMRWSA); Tshwaranang Legal Advocacy Centre.
Community Submissions: B1-2012
NGO & Academic Submissions: B15-2008
- Johannesburg Bar. Download
- Legal Resources Centre. Download
- Sindiso Mnisi. Download
- Professor Ben Cousins, Programme for Land and Agrarian Studies (PLAAS). Download
- Jennifer Williams, Women's Legal Centre. Download
- Professor Thandabantu Nhlapo and Professor Tom Bennett, University of Cape Town. Download
- Professor Chuma Himonga and Advocate Rashida Manjoo, University of Cape Town. Download
- Joint Monitoring Committee on the Improvement of Quality of Life and Status of Women. Download
Community Submissions: B15-2008
- Charlotte Mokgosi, Makgobistad Community Committee. Download
- Patrick Mashego, Letebejane Village. Download
- Monoko Thomas Moshitoa, Bakone Development Forum. Download
- Sizani Ngubane, KwaZulu-Natal Rural Women's Movement. Download
- Stephen Segopotso Tongoane, Kalkfontein B and C Community. Download
- Royal Bafokeng Nation. Download
- Nhlangwini Traditional Council. Download
Related Press Clips (selected)
- Siyabonga Mkhwanazi 'Traditional Courts Bill to via provinces' The New Age (2 April 2013). See here
- Serjeant at the Bar 'Traditional law denies rights' Mail & Guardian (28 March 2013). See here
- Babalo Ndenze 'Traditional Courts Bill up in the air' The Mercury (18 March 2013).
- Mamphela Ramphele 'Shall the people rule?' City Press (11 November 2012). See here
- Wilmien Wicomb 'Restoring power or the dignity of rural people?' Business Day live (8 November 2012). See here
- Nolundi Luwaya '"Bantustan Bill" reminiscent of apartheid' IOL news (7 November 2012). See here or Download (The Star Africa Edition)
- Adriaan Basson, Sabelo Ndlangisa, Carien du Plessis, Charl du Plessis and Mandy Rossouw 'Zuma scolds "clever" blacks' City Press (4 November 2012). See here
- Wyndham Hartley 'Tribal courts bill "needs amendments"' Business Day live (2 November 2012). See here
- Denise Williams 'Zuma wants "African" justice' Times Live (2 November 2012). See here
- Sue Segar 'Outrage over traditional courts submissions' IOL news (25 October 2012). See here
- Andisiwe Makinana 'Parliament draws fire on Traditional Courts Bill' Mail & Guardian (25 October 2012). See here
- Yolisa Tswanya 'Students protest at Jeff Radebe lecture' IOL news (17 October 2012). See here
- Rebecca Davis 'Jeff Radebe on Traditional Courts Bill: Don't think twice, it's all right' Daily Maverick (17 October 2012). See here
- Aninka Claassens 'The Traditional Courts Bill is a legal travesty' Mail & Guardian (28 September 2012). See here
- Aninka Claassens 'Despite changes, bill still flawed' The Witness (26 September 2012). See here or Download
- 'Traditional Courts Bill hanging on a tight rope' SABC (23 September 2012). See here (includes video)
- Andisiwe Makinana 'Traditional Courts Bill revamped beyond recognition' Mail & Guardian (21 September 2012). See here
- Wyndham Hartley 'New chiefs bill creates "parallel justice system" for rural people' Business Day live (20 September 2012). See here
- Sue Segar 'Chiefs' courts come under fire' Daily News (20 September 2012). See here
- Sue Segar 'Huge thumbs-down for Traditional Courts Bill' The Star (20 September 2012). See here
- Wyndham Hartley 'Government stands ground on "unconstitutional" chiefs bill' Business Day live (19 September 2012). See here
- SAPA 'Fedusa opposes Traditional Courts Bill' IOL news (19 September 2012). See here
- Wyndham Hartley 'Department of Justice favours fixing Traditional Courts Bill, not scrapping it' Business Day live (18 September 2012). See here
- Aninka Claassens 'Unaccountable chiefs are a recipe for a new Marikana' Business Day live (18 September 2012). See here
- SAPA 'Traditional Courts Bill to change' IOL news (18 September 2012). See here
- Andisiwe Makinana 'Dissent over Traditional Courts Bill' Mail & Guardian (14 September 2012). See here
- Gaye Davis 'Traditional Courts Bill "to woo leaders"' Pretoria News (10 September 2012). See here
- Andisiwe Makinana 'Traditional Bill outcry' Mail & Guardian (6 September 2012). See here
- Nolundi Luwaya 'Livelihoods are at stake' Mail & Guardian (5 September 2012). See here
- 'Women's parliament against Traditional Courts Bill' SABC (31 August 2012). See here
- Chantell Presence 'Traditional Bill staying: minister' IOL news (30 August 2012). See here
- Sam Mkokeli '"Unconstitutional" Traditional Courts Bill in line for changes' Business Day live (30 August 2012). See here
- Aninka Claassens 'Bill reeks of bantustan days' The Star (24 August 2012). See here [Also published in print as 'Too many chiefs, not enough honesty' Cape Times (24 August 2012). Download]
- Pearlie Joubert and Gaye Davis 'Justice document admits to problems with Traditional Courts Bill' Cape Times (24 August 2012). Download
- Daphne Nkosi, Zodwa Mthethwa and Sindiso Mnisi Weeks 'Get women in on the process' The Star (21 August 2012). See here or Download [Also published in print as 'Traditional Courts Bill fails the rural women it was designed to protect' Cape Times (24 August 2012). Download]
- Alicestine October 'Prosedure met wet op howe laat LP’s worstel' Die Burger (17 August 2012). See here
- Alicestine October 'Herskryf van wet op howe wyd verwelkom' Die Burger (3 August 2012). See here
- SAPA 'Traditional practices may be harmful: Xingwana' Independent Online (1 August 2012). See here
- SABC 'Xingwana lauds govt for overhauling Traditional Courts Bill' SABC News (1 August 2012). See here
- Troye Lund 'Where rights can't reach: Traditional Courts Bill' Financial Mail (25 July 2012). See here
- Edward West 'TALKING HEADS: A lifetime of fighting for women’s rights' Business Day (9 July 2012). See here
- Wyndham Hartley 'Inferior justice in the name of culture' Business Day (6 July 2012). See here
- Christi van der Westhuizen 'Parliament undermining its prestige' Cape Times (3 July 2012). Download
- SABC '"Traditional Courts Bill not consistent with constitution"' SABC News (3 July 2012). See here
- Phathekile Holomisa 'ANC must lead on chiefs’ bill' City Press (24 June 2012). See here
- Shirhami Shirinda 'The Traditional Courts Bill must start with women's rights' Mail & Guardian (8 June 2012). See here
- Lukhanyo Calata 'Parliament warned about Traditional Courts Bill' SABC (31 May 2012). See here (includes video)
- Wyndham Hartley 'Timing of tribal courts bill "suspect"' Business Day live (25 May 2012). See here
- Sizani Ngubane 'Letting women down' The Mercury (23 May 2012). See here
- Mogomotsi Magome 'Minister wants courts bill scrapped' Pretoria News (17 May 2012). See here
- Janet Smith 'Law will make kings - and slaves to kings' The Star (15 May 2012). See here
- Redi Tlhabi 'Leave gay rights alone' Times Live (13 May 2012). See here
- Phillip de Wet 'Chiefs lobby for power lost in apartheid transition' Mail & Guardian (11 May 2012). See here
- Pierre de Vos 'Bill won't pass constitutionality test' The Star (10 May 2012). See here
- Adam Habib 'Making gangsters our protectors' The Star (10 May 2012). See here
- Mogomotsi Magome 'Traditional Courts Bill talks raise question of its loopholes' Pretoria News (10 May 2012). See here
- Mandy de Waal 'The Tribal Courts Bill: Sacrificing rural people's rights on the altar of power?' Daily Maverick (7 May 2012). See here
- Sithandiwe Velaphi 'Bill rejected by majority' The New Age (2 May 2012). See here
- Pearlie Joubert '"Amandla with no Ngawethu"' City Press (29 April 2012). See here
- Pearlie Joubert 'King has final word' City Press (29 April 2012). See here
- Pearlie Joubert '"What is wrong with my own good female name?"' City Press (29 April 2012). See here
- Nomboniso Gasa 'Bill will reverse fruits of freedom' Sunday Independent (22 April 2012). See here or Download
- '"Apartheid 2" law must be shelved' The Citizen (19 April 2012). See here or Download
- Melanie Judge 'Chiefs' rule hinders rights' The Herald (18 April 2012). Download
- Dudu Dube 'Traditional Courts Bill "needs more dialogue"' New Age (18 April 2012). See here or Download
- Jan Gerber 'Wet "sal demokrasie ondermyn"' Die Burger (14 April 2012). Download
- Helen Alexander 'Vulnerable groups must be safe to oppose traditional courts bill' Weekend Argus (14 April 2012). Download
- Alison Tilley & Jennifer Williams 'Return of the Bantustan Bill' Mail & Guardian (13 to 19 April 2012). Download
- Sipho Khumalo 'Activists berate Traditional Courts Bill' The Mercury (12 April 2012). See here
- Mbuyiselo Botha 'Women in line of fire' City Press (8 April 2012). See here
- Allister Sparks 'How Verwoerd's Bantustans still live on in the new SA' Business Day (28 March 2012). See here
- Siyabonga Mkhwanazi 'Plenty on plates of parliamentarians after recess' The New Age (28 March 2012). See here
- Nomboniso Gasa 'Millions will lose their "citizenship"' Independent Online (25 March 2012). See here or Download
- Mamphela Ramphele 'This is apartheid by another name' Sunday Times Review (25 March 2012). Download
- Asanda Nini 'A clash of cultures' Saturday Dispatch (24 March 2012). Download
- 'When rights are "a crime"' Dispatch online Opinion (23 March 2012). See here
- 'Traditional Courts Bill poses a serious threat to free society' Daily Dispatch Comment by Samson Siviwe Feketha (23 March 2012). Download
- Asanda Nini 'Zuma is "betraying" the ANC' Dispatch online (22 March 2012). See here
- 'Dispatch dialogues: Mamphela Ramphele' Daily Dispatch (19 March 2012). See here
- Christi van der Westhuizen 'Traditional Courts Bill: Colonialism warmed up' Thoughtleader (Mail & Guardian online blog) (8 March 2012). See here [First published as 'Traditional Courts Bill: Tightening control, excluding women' Cape Times (7 March 2012)]
- Sibongile Ndashe 'Our law needs some cleansing' Sowetan (5 March 2012). See here
- Heidi Swart 'Harsh customs: Chiefs punish with pecuniary powers' Mail & Guardian print article (24 February 2012). See here
- Sindiso Mnisi Weeks 'Subject to the traditional leaders' whims' Mail & Guardian online (20 February 2012). See here
- Pearlie Joubert 'Traditional Courts Bill "inadequate"' City Press online (19 February 2012). See here
- Heidi Swart 'Traditional Courts Bill out of step' Mail & Guardian online (17 February 2012). See here
- Thenjiwe Meyiwa 'Ambiguity of the Traditional Courts Bill' City Press online (5 February 2012). See here
- Carmel Rickard 'Traditional Courts Bill makes uneasy comeback' The Star (16 February 2012). See here
- Pearlie Joubert '"Extraordinary" powers for chiefs' City Press (22 January 2012). See here
- Sindiso Mnisi 'Terror in the name of tradition' Mail & Guardian online (26 February 2010). See here
- Sindiso Mnisi 'Consultation on traditional courts bill makes same old mistake' Business Day (1 September 2009). See here
- Business Day Editorial 'Two steps back' Business Day (27 September 2008). See here
- Patekile Holomisa 'Values of rural SA can still set humanist example to all' Business Day (5 June 2008). See here
- Aninka Claassens 'What's wrong with the Traditional Courts Bill' Mail & Guardian online (2 June 2008). See here
- Pearlie Joubert 'Back to the dark day' Mail & Guardian online (16 May 2008). See here
- Thabisile Khoza and Tshwarelo Eseng Mogakane 'Tribal "court" beats up pregnant woman' City Press (11 May 2008). See here
Related Statements
- Annual Address by President Jacob Zuma to the National House of Traditional Leaders, Old Assembly, Parliament, Cape Town (1 November 2012). Download
- COSATU and trade union opposition to the Traditional Courts Bill: Excerpts from press statements (February - August 2012). Download
- Statement from the National Executive Committee of the New Unity Movement, 'The Traditional Leadership and Governance Framework: The Traditional Courts Bill: A New Fraud', 22 February 2012. Download
Related Journal Articles
- Claassens, A. 'Who told them we want this Bill? The Traditional Courts Bill and rural women', Vol 82, 2009, Agenda - Empowering Women for Gender Equality, 9-22.
- Jara, MK. 'On the record... Interview with Deputy Minister of Cooperative Governance and Traditional Affairs, Yunus Carrim', Vol 35, March 2011, South African Crime Quarterly, 41-46. Download from ISS website
- Mnisi Weeks, S. 'The Traditional Courts Bill: Controversy around process, substance and implications', Vol 35, March 2011, South African Crime Quarterly, 3-10. Download from ISS website
- Mnisi Weeks, S. 'Beyond the Traditional Courts Bill: Regulating customary courts in line with living customary law and the Constitution', Vol 35, March 2011, South African Crime Quarterly, 31-40. Download from ISS website
Background Documents
- 'Special edition: Reintroducing the Contentious Traditional Courts Bill', May 2012, Karin Kleinbooi (ed), Umhlaba Wethu 14, PLAAS. Download from PLAAS website
- 'The Traditional Courts Bill (B15-2008): A Summary of Concerns', December 2011, Law, Race and Gender Research Unit. Download
- Department of Justice and Constitutional Development, Report to the Portfolio Committee on Justice and Constitutional Development: Re: The Traditional Courts Bill, 2008 (31 August 2009). Download
- Annexure C to the DOJCD Report (31 August 2009), Summary of Comments on the Traditional Courts Bill, 2008. Download
- 'Summary and Analysis of the Traditional Courts Bill B15-2008', 2009, Aninka Claassens. Download
- 'The Traditional Courts Bill in the Context of Other Laws Dealing with Traditional Leadership', 2009, Aninka Claassens. Download
- 'The Traditional Courts Bill: Notes on the Legislative Process in Parliament', 2009, Henk Smith. Download
- 'Report on Traditional Courts and the Judicial Function of Traditional Leaders', January 2003, South African Law Commission. Download
- 'Traditional Courts and the Judicial Function of Chiefs', November 1999, draft submission by the Centre for Applied Legal Studies (CALS), Commission on Gender Equality (CGE) and National Land Committee (NLC). Download
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