Beyond the Traditional Courts Bill: regulating customary courts in line with living customary law and the Constitution

 

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dc.contributor.author Weeks, Sindiso Mnisi
dc.date.accessioned 2016-04-05T10:20:45Z
dc.date.available 2016-04-05T10:20:45Z
dc.date.issued 2011
dc.identifier http://dx.doi.org/10.17159/2413-3108/2011/v0i35a870
dc.identifier.citation Weeks, S. M. (2011). Beyond the Traditional Courts Bill. SA Crime Quarterly, (35), 31. en_ZA
dc.identifier.issn 2413-3108 en_ZA
dc.identifier.uri http://hdl.handle.net/11427/18568
dc.identifier.uri http://journals.assaf.org.za/index.php/sacq/article/view/870
dc.description.abstract This article discusses flaws in the Traditional Courts Bill in light of research that shows customary courts to operate in accordance with a model that is very different from that adopted by the Bill. Customary courts are not professional institutions but community-based discussion forums, thus participation in them is inclusive of the broad community membership, and their accountability is partly dependent on people's ability to choose to use them, or other forums, when their own courts are unjust. The article therefore develops a framework for regulating customary courts that gives recognition to their essential elements as understood through prior study of diverse courts. The framework advanced is also one that gives greater expression to rights (to democracy, gender equality and freedom of association, or choice) articulated in the Constitution. en_ZA
dc.language eng en_ZA
dc.publisher Academy of Science of South Africa en_ZA
dc.rights Creative Commons Attribution 4.0 International (CC BY 4.0) *
dc.rights.uri http://creativecommons.org/licenses/by/4.0/ en_ZA
dc.source South African Crime Quarterly en_ZA
dc.source.uri http://journals.assaf.org.za/index.php/sacq
dc.subject.other Traditional Courts Bill
dc.subject.other customary law
dc.subject.other South Africa
dc.subject.other constitution
dc.title Beyond the Traditional Courts Bill: regulating customary courts in line with living customary law and the Constitution en_ZA
dc.type Journal Article en_ZA
dc.date.updated 2016-04-05T09:32:51Z
uct.type.publication Research en_ZA
uct.type.resource Article en_ZA
dc.publisher.institution University of Cape Town
dc.publisher.faculty Faculty of Law en_ZA
dc.publisher.department Centre for Law and Society en_ZA
uct.type.filetype Text
uct.type.filetype Image
dc.identifier.apacitation Weeks, S. M. (2011). Beyond the Traditional Courts Bill: regulating customary courts in line with living customary law and the Constitution. <i>South African Crime Quarterly</i>, http://hdl.handle.net/11427/18568 en_ZA
dc.identifier.chicagocitation Weeks, Sindiso Mnisi "Beyond the Traditional Courts Bill: regulating customary courts in line with living customary law and the Constitution." <i>South African Crime Quarterly</i> (2011) http://hdl.handle.net/11427/18568 en_ZA
dc.identifier.vancouvercitation Weeks SM. Beyond the Traditional Courts Bill: regulating customary courts in line with living customary law and the Constitution. South African Crime Quarterly. 2011; http://hdl.handle.net/11427/18568. en_ZA
dc.identifier.ris TY - Journal Article AU - Weeks, Sindiso Mnisi AB - This article discusses flaws in the Traditional Courts Bill in light of research that shows customary courts to operate in accordance with a model that is very different from that adopted by the Bill. Customary courts are not professional institutions but community-based discussion forums, thus participation in them is inclusive of the broad community membership, and their accountability is partly dependent on people's ability to choose to use them, or other forums, when their own courts are unjust. The article therefore develops a framework for regulating customary courts that gives recognition to their essential elements as understood through prior study of diverse courts. The framework advanced is also one that gives greater expression to rights (to democracy, gender equality and freedom of association, or choice) articulated in the Constitution. DA - 2011 DB - OpenUCT DP - University of Cape Town J1 - South African Crime Quarterly LK - https://open.uct.ac.za PB - University of Cape Town PY - 2011 SM - 2413-3108 T1 - Beyond the Traditional Courts Bill: regulating customary courts in line with living customary law and the Constitution TI - Beyond the Traditional Courts Bill: regulating customary courts in line with living customary law and the Constitution UR - http://hdl.handle.net/11427/18568 ER - en_ZA


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Creative Commons Attribution 4.0 International (CC BY 4.0) Except where otherwise noted, this item's license is described as Creative Commons Attribution 4.0 International (CC BY 4.0)