Beyond the Traditional Courts Bill: regulating customary courts in line with living customary law and the Constitution
| 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.date.updated | 2016-04-05T09:32:51Z | |
| 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.identifier | http://dx.doi.org/10.17159/2413-3108/2011/v0i35a870 | |
| 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.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.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 |
| dc.identifier.uri | http://hdl.handle.net/11427/18568 | |
| dc.identifier.uri | http://journals.assaf.org.za/index.php/sacq/article/view/870 | |
| 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.language | eng | en_ZA |
| dc.publisher | Academy of Science of South Africa | en_ZA |
| dc.publisher.department | Centre for Law and Society | en_ZA |
| dc.publisher.faculty | Faculty of Law | en_ZA |
| dc.publisher.institution | University of Cape Town | |
| 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 |
| uct.type.filetype | Text | |
| uct.type.filetype | Image | |
| uct.type.publication | Research | en_ZA |
| uct.type.resource | Article | en_ZA |