Book contents
- Frontmatter
- Contents
- Notes on Contributors
- Acknowledgments
- Introduction
- Part One The Nature and Future of Customary Law
- Part Two Ascertainment, Application, and Codification of Customary Law
- Part Three The Role and Power of Traditional Authorities
- 10 Traditional Courts in South Africa in the Twenty-First Century
- 11 Customary Law and Chieftainship in Twenty-First-Century Botswana
- 12 Traditional Institutions and Governance in Modern African Democracies
- Part Four Customary Land, Property Rights, and Succession
- Part Five Customary Criminal Law
- Part Six Customary Law, Human Rights, and Gender Equality
- Index
- References
10 - Traditional Courts in South Africa in the Twenty-First Century
Published online by Cambridge University Press: 05 February 2012
- Frontmatter
- Contents
- Notes on Contributors
- Acknowledgments
- Introduction
- Part One The Nature and Future of Customary Law
- Part Two Ascertainment, Application, and Codification of Customary Law
- Part Three The Role and Power of Traditional Authorities
- 10 Traditional Courts in South Africa in the Twenty-First Century
- 11 Customary Law and Chieftainship in Twenty-First-Century Botswana
- 12 Traditional Institutions and Governance in Modern African Democracies
- Part Four Customary Land, Property Rights, and Succession
- Part Five Customary Criminal Law
- Part Six Customary Law, Human Rights, and Gender Equality
- Index
- References
Summary
Introduction
This chapter analyzes the evolution, features, function, and future of traditional (or customary law) courts in South Africa. It begins by examining, and ultimately discarding, the critique that traditional courts are not “real” courts of law. It then outlines the main features of traditional courts that differentiate them from common and civil law courts. The third section of the chapter acknowledges and responds to some of the major criticisms of the customary legal system in South Africa. The final part of the chapter is devoted to the future of traditional courts.
- Type
- Chapter
- Information
- The Future of African Customary Law , pp. 227 - 246Publisher: Cambridge University PressPrint publication year: 2011
References
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