Justice and legitimacy hindered by uncertainty the legal status of traditional councils in North West Province
| dc.contributor.author | De Souza, Monica | |
| dc.date.accessioned | 2016-04-05T08:20:14Z | |
| dc.date.available | 2016-04-05T08:20:14Z | |
| dc.date.issued | 2014 | |
| dc.date.updated | 2016-04-05T08:18:52Z | |
| dc.description.abstract | The Traditional Leadership and Governance Framework Act 2003 provides for the transformation of apartheidera tribal authorities into constitutional-era traditional councils with a role in traditional governance. The process involves reconstituting these councils to meet certain thresholds of women and democratically elected members. Where councils have failed properly to meet the thresholds – seemingly the case in much of North West Province – their present legal status is called into question. In North West, the ambiguity surrounding their status has been compounded by the conduct of the provincial government, underlying tensions in the legislation, and a confusing series of contradictory government notices and court judgements dealing with the issue. This article examines how the reconstitution requirements have been applied in practice in North West and considers the legal and material impacts of the existing uncertainty surrounding traditional councils’ status. Where these councils are put forward as democratic bodies representing traditional communities in North West’s platinum mining belt, these are particularly important issues to consider in relation to the legitimacy of traditional councils. | |
| dc.identifier | http://dx.doi.org/10.4314/sacq.v49i1.4 | |
| dc.identifier.apacitation | De Souza, M. (2014). Justice and legitimacy hindered by uncertainty the legal status of traditional councils in North West Province. <i>South African Crime Quarterly</i>, http://hdl.handle.net/11427/18543 | en_ZA |
| dc.identifier.chicagocitation | De Souza, Monica "Justice and legitimacy hindered by uncertainty the legal status of traditional councils in North West Province." <i>South African Crime Quarterly</i> (2014) http://hdl.handle.net/11427/18543 | en_ZA |
| dc.identifier.citation | De Souza, M. (2014). Justice and legitimacy hindered by uncertainty: The legal status of traditional councils in North West Province. SA Crime Quarterly, (49), 41-56. | |
| dc.identifier.ris | TY - Journal Article AU - De Souza, Monica AB - The Traditional Leadership and Governance Framework Act 2003 provides for the transformation of apartheidera tribal authorities into constitutional-era traditional councils with a role in traditional governance. The process involves reconstituting these councils to meet certain thresholds of women and democratically elected members. Where councils have failed properly to meet the thresholds – seemingly the case in much of North West Province – their present legal status is called into question. In North West, the ambiguity surrounding their status has been compounded by the conduct of the provincial government, underlying tensions in the legislation, and a confusing series of contradictory government notices and court judgements dealing with the issue. This article examines how the reconstitution requirements have been applied in practice in North West and considers the legal and material impacts of the existing uncertainty surrounding traditional councils’ status. Where these councils are put forward as democratic bodies representing traditional communities in North West’s platinum mining belt, these are particularly important issues to consider in relation to the legitimacy of traditional councils. DA - 2014 DB - OpenUCT DP - University of Cape Town J1 - South African Crime Quarterly LK - https://open.uct.ac.za PB - University of Cape Town PY - 2014 T1 - Justice and legitimacy hindered by uncertainty the legal status of traditional councils in North West Province TI - Justice and legitimacy hindered by uncertainty the legal status of traditional councils in North West Province UR - http://hdl.handle.net/11427/18543 ER - | en_ZA |
| dc.identifier.uri | http://hdl.handle.net/11427/18543 | |
| dc.identifier.uri | http://journals.assaf.org.za/index.php/sacq/article/view/781 | |
| dc.identifier.vancouvercitation | De Souza M. Justice and legitimacy hindered by uncertainty the legal status of traditional councils in North West Province. South African Crime Quarterly. 2014; http://hdl.handle.net/11427/18543. | en_ZA |
| dc.language.iso | eng | |
| dc.publisher | Academy of Science of South Africa | |
| dc.publisher.department | Department of Public Law | en_ZA |
| dc.publisher.faculty | Faculty of Law | en_ZA |
| dc.publisher.institution | University of Cape Town | |
| dc.source | South African Crime Quarterly | |
| dc.source.uri | http://journals.assaf.org.za/index.php/sacq | |
| dc.subject.other | Traditional Leadership and Governance Framework Act 2003 | |
| dc.subject.other | traditional councils, North West | |
| dc.subject.other | South Africa | |
| dc.subject.other | transformation | |
| dc.subject.other | Constitution | |
| dc.title | Justice and legitimacy hindered by uncertainty the legal status of traditional councils in North West Province | |
| dc.type | Journal Article | en_ZA |
| uct.type.filetype | Text | |
| uct.type.filetype | Image | |
| uct.type.publication | Research | en_ZA |
| uct.type.resource | Article | en_ZA |