Traditional Courts Bill won’t pass muster
Exco has resolved to direct the premier to write to the president
THE Traditional Courts Bill, intended to increase access to justice services by enhancing the effectiveness of traditional courts in resolving disputes, is not ready in its current form.
According to KZN Premier Nomusa Dube-Ncube, after deliberation in a meeting of the Provincial Executive Council (exco), there were strong views expressed by parties ‘especially related to concerns around the perceptions that the Bill in its current form infringes on the rights of women and freedom to choose’.
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The meeting, led by Deputy Minister of Justice and Constitutional Development John Jeffreys, assessed whether the Bill is in keeping with the imperatives and values of the Constitution.
Dube-Ncube said after much deliberation, exco resolved that, based on the chorus of concerns from many organisations in the province, the Bill in its current form may not pass Constitutional muster.
“It is the view of the executive council that, to avoid the Bill being delayed and challenged by dissenting voices, exco will consider approaching the presidency with a view to consider sending the Bill back for revision and refinement,” she said.
Dube-Ncube said they were also concerned about input from stakeholders whose views are based on their lived realities, which are not being adequately accommodated in the current Bill.
Exco has resolved to direct the premier to write to the president in this regard.
“Exco is of the view that submitting the areas of discomfort from stakeholders will eventually save the Traditional Courts Bill from being delayed unnecessarily,” said Dube-Ncube.
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