In a bid to satisfy traditional leaders, the government and parliament have been accused of ignoring the democratic rights of women and rural communities in envisaged traditional court legislation, and reneging on a promise to make it gender-friendly.
The department of co-operative governance and traditional affairs and the justice and correctional services portfolio committee were believed to have changed their minds due to pressure from traditional leaders. Civil society organisations rejected the legislation on the basis that it discriminated against women – who were not allowed to represent themselves in court – and for failing to allow a community member to opt out of the traditional court and seek other avenues of dispute resolution.
LARC director Nolundi Lawaya said although legislation allowed for some representation in the traditional court composition now, there was still potential for gender discrimination because other things were not addressed. The accused would have to exhaust the appeal process before a matter could be taken on appeal to the magistrate’s court.
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