About The Traditional Courts Bill

Submit to DiggSubmit to FacebookSubmit to Google PlusSubmit to StumbleuponSubmit to TwitterSubmit to LinkedIn

By Manny De Freitas

Recent traditional legislation: a light of danger at the end of tunnel

The Traditional Courts Bill as well as the Communal Land Rights Act received much negative reaction from civil society when it was introduced in Parliament. In fact the Constitutional Court even declared the Communal Land Rights Act as invalid and it is clear that Traditional Courts Bill is absolutely unconstitutional.

Ever since 2008 it was tabled at the National Assembly this Bill has left most people with a feeling of desperation and concern. Even the upper House of Parliament, the National Council of Provinces is finding it hard to conclude their work in this Bill.

There is overall concern with this Bill, examples of these concerns are the fact that under this Bill Traditional Leaders would have more power than what they did in the days of Apartheid and that the Bantustans system of old would be reinforced and entrenched.

The apartheid tribal boundaries would be made official again where autocratically powerful chiefs would rule. Chiefs would unilaterally define customary law outside of our legal system!

It is almost unbelievable that as a country with the most progressive Constitution ever is tabling this Bill which would prejudge against women and children and the lesbian, gay, bisexual and the transgender communities.

It would restrict the access to our legal system as the over 18 milliion rural mostly poor people would be trapped in a traditional justice system that belongs in the middle ages. The worse is that these people would not have a choice to get out of this system. Everyone needs to fight this all the way.


Manny de Freitas is an out and proud member of South Africa's parliament and also the Shadow Minister of Home Affairs for the official opposition party, the Democratic Alliance.

Holiday Party Guides

Holiday Party Guide Cape Town 2014
Holiday Party Guide Cape Town 2014

The Ultimate holiday party and events guide for Cape Town

Holiday Party Guide Gauteng 2014
Holiday Party Guide Gauteng 2014

Your holiday party and events guide for Gauteng, South Africa

Holiday Party Guide Durban 2014
Holiday Party Guide Durban 2014

Your holiday party and events guide for Durban, South Africa

gay relationships

Gay Sex Rules Revealed
Gay Sex Rules Revealed

You can't just jump into bed with him you know.. There ARE rules...

The Gay Moral Compass Explained
The Gay Moral Compass Explained

Do gay men have a moral compass when it comes to sex?

Do Looks Really Matter To Gay Men?
Do Looks Really Matter To Gay Men?

The age old question answered. Do looks really matter to gay men?

women

When You Move In With Your Girlfriend You...?
When You Move In With Your Girlfriend You...?

Here's looking at moving in with a new girlfriend for the first time

Electrifying Notices
Electrifying Notices

A reader on why South Africans should not give Eskom any more excuses

Fascism And Our Children
Fascism And Our Children

A reader looks at the fascism that our kids are forced to live with

health & exercise

Secret Office Exercises
Secret Office Exercises

Exercises to secretly keep you in shape at the office

Beach Exercises
Beach Exercises

Beach exercises that will keep you in shape these holidays

Exercises for Couch Potatoes
Exercises for Couch Potatoes

Even couch potatoes should stay in shape. Here's exercises

cars

Alfa Romeo 4C Test Driven
Alfa Romeo 4C Test Driven

We take a drive in the exclusive Alfa Romeo 4C

Hyundai ix35 1.7 Turbo Road test
Hyundai ix35 1.7 Turbo Road test

We take Huyndai's ix35 1.7 turbo diesel for a test drive

2014 Chevrolet Sonic RS Road Test
2014 Chevrolet Sonic RS Road Test

We test drive Chevrolet's new Sonic Flagship, the RS

food

The Secret Of The Doughnut
The Secret Of The Doughnut

Basic maths reveal the secret to the perfect doughnut

A Vegetarian Christmas Feast
A Vegetarian Christmas Feast

The menu and recipes for a very special Vegetarian Christmas Feast

A Classic Christmas Feast
A Classic Christmas Feast

The menu and recipes for a very special Classic Christmas Feast

weekly newsletter

elsewhere on ql

A Statement From Cape Town Pride
A Statement From Cape Town Pride

A Public Statement From the Cape Town Pride Committee

#12 Butch's Revenge
#12 Butch's Revenge

Trey plays Cupid and Butch takes revenge in Tales@TriArc this week

Getting Rid Of Stains
Getting Rid Of Stains

Want to get rid of that stain on your favourite shirt? Here's how

Self Cleaning Shirts Explained
Self Cleaning Shirts Explained

Can it be? Is the day of the self cleaning shirt finally here?

What you need to know about the Baseball cap
What you need to know about the Baseball cap

We show you how a baseball cap should actually be worn today

Weird And Wonderful Christmas Traditions
Weird And Wonderful Christmas Traditions

Graham Green looks at the world's weirdest Christmas traditions