Constitutional rationalisation of legislation dealing with traditional justice system

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dc.contributor.advisorSmythe, Deeen_ZA
dc.contributor.authorNgema, Phumelele O Pen_ZA
dc.date.accessioned2016-04-05T11:46:36Z
dc.date.available2016-04-05T11:46:36Z
dc.date.issued2014en_ZA
dc.description.abstractMy thesis addresses the question of whether an imposed traditional justice system operating through traditional courts is still relevant in South Africa. I interrogate whether traditional courts are necessary in a constitutional democracy outside of the existing western type courts system. The Constitution, in terms of chapter 12, recognises traditional leaders and enjoins government to enact national legislation that provides for the role of traditional leadership at a local level. As a unitary democratic state with diverse cultures, the Constitution also acknowledges and grounds diversity which could be interpreted as permitting legal pluralism. I argue that the Constitution envisages recognition and application of the indigenous system within the existing courts of law and subject to the Constitution. Traditional leaders must be recognised in line with the injunction that customary law must be developed and applied by courts. Any other different construction on how traditional courts may be rationalised promotes the interest of traditional leaders and creates an unstable pluralist legal system enabling inequality and discrimination contrary to constitutional imperatives.en_ZA
dc.identifier.apacitationNgema, P. O. P. (2014). <i>Constitutional rationalisation of legislation dealing with traditional justice system</i>. (Thesis). University of Cape Town ,Faculty of Law ,Department of Public Law. Retrieved from http://hdl.handle.net/11427/18616en_ZA
dc.identifier.chicagocitationNgema, Phumelele O P. <i>"Constitutional rationalisation of legislation dealing with traditional justice system."</i> Thesis., University of Cape Town ,Faculty of Law ,Department of Public Law, 2014. http://hdl.handle.net/11427/18616en_ZA
dc.identifier.citationNgema, P. 2014. Constitutional rationalisation of legislation dealing with traditional justice system. University of Cape Town.en_ZA
dc.identifier.ris TY - Thesis / Dissertation AU - Ngema, Phumelele O P AB - My thesis addresses the question of whether an imposed traditional justice system operating through traditional courts is still relevant in South Africa. I interrogate whether traditional courts are necessary in a constitutional democracy outside of the existing western type courts system. The Constitution, in terms of chapter 12, recognises traditional leaders and enjoins government to enact national legislation that provides for the role of traditional leadership at a local level. As a unitary democratic state with diverse cultures, the Constitution also acknowledges and grounds diversity which could be interpreted as permitting legal pluralism. I argue that the Constitution envisages recognition and application of the indigenous system within the existing courts of law and subject to the Constitution. Traditional leaders must be recognised in line with the injunction that customary law must be developed and applied by courts. Any other different construction on how traditional courts may be rationalised promotes the interest of traditional leaders and creates an unstable pluralist legal system enabling inequality and discrimination contrary to constitutional imperatives. DA - 2014 DB - OpenUCT DP - University of Cape Town LK - https://open.uct.ac.za PB - University of Cape Town PY - 2014 T1 - Constitutional rationalisation of legislation dealing with traditional justice system TI - Constitutional rationalisation of legislation dealing with traditional justice system UR - http://hdl.handle.net/11427/18616 ER - en_ZA
dc.identifier.urihttp://hdl.handle.net/11427/18616
dc.identifier.vancouvercitationNgema POP. Constitutional rationalisation of legislation dealing with traditional justice system. [Thesis]. University of Cape Town ,Faculty of Law ,Department of Public Law, 2014 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/18616en_ZA
dc.language.isoengen_ZA
dc.publisher.departmentDepartment of Public Lawen_ZA
dc.publisher.facultyFaculty of Lawen_ZA
dc.publisher.institutionUniversity of Cape Town
dc.subject.otherConstitutional Lawen_ZA
dc.subject.otherTraditonal Justiceen_ZA
dc.titleConstitutional rationalisation of legislation dealing with traditional justice systemen_ZA
dc.typeMaster Thesis
dc.type.qualificationlevelMasters
dc.type.qualificationnameLLMen_ZA
uct.type.filetypeText
uct.type.filetypeImage
uct.type.publicationResearchen_ZA
uct.type.resourceThesisen_ZA
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