South African legislators are steadily moulding indigenous laws into the image of western laws.
Articles on Traditional Courts Bill
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Denying people the right to opt out of the traditional court system conflicts with the notion of customary law as a voluntary and consensual system of law.
Colonialism and apartheid sought to make traditional leaders accountable to white officials by tying them to land.
The contested law also defines the jurisdiction of traditional leaders in terms of territory. But traditional community boundaries are actually set by personal relationships.
The clash over South Africa’s Traditional Courts Bill is essentially about custom and constitutionalism. The government is often seen as pandering to traditional leaders’ whims.
