Traditional law mooted to make a return
KZN Deputy Judge President Mjabuliseni Isaac Madondo has written a book, encouraging the use of traditional court rules.
THE method used in the old days to sort out problems in the rural areas under amakhosi could be returning. But this will only happen if what is in a recently-launched book is accepted by lawmakers.
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The role of amakhosi in making decisions and punishing wrongdoers in their communities disappeared when western law was adopted.
Now KZN Deputy Judge President Mjabuliseni Isaac Madondo has written a book, encouraging the use of traditional court rules.
Titled ‘The Role of the Traditional Courts in the Justice System’, the book was launched at Ray Nkonyeni Municipality’s council chambers last Tuesday, and was attended by amakhosi, attorneys and politicians.
Judge Madondo, who hails from the rural area of Msinga in northern KZN, said this could pave the way for traditional courts to deal with minor community crimes.
“The book shows how we can create our own law, which will work with all other laws in South Africa. It must not be the law for blacks only. It must work for everyone, everywhere in this nation. Previously common law was taken as the only existing law.
“It our duty to create this and put it before people so the courts and the public will see it and, when there is a need, it must be used, even if it is not in the black community,” he said.
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