New bill to get rid of sjambokking

Deputy Minister of Justice and Constitutional Development John Jeffery presents the revised Traditional Courts Bill to the media at GCIS in Pretoria. Picture:Bongani Shilubane

Deputy Minister of Justice and Constitutional Development John Jeffery presents the revised Traditional Courts Bill to the media at GCIS in Pretoria. Picture:Bongani Shilubane

Published Jan 24, 2017

Share

Pretoria – The newly-revised Traditional Courts Bill will ensure that no one found guilty at the traditional courts was punished or sjambokked, Deputy Minister of Justice and Constitutional Development, John Jeffery has said.

The revised bill will regulate traditional courts by ensuring that they dispensed justice in line with the Constitution.

Jeffery was speaking to journalists about the revised bill after the Cabinet approved it for public consultation in December. It would soon be tabled in Parliament, he said.

The department consulted with traditional leaders and civil society before finalising it. “Under the bill, no one found guilty in the traditional courts can be punished or sjambokked."

“Instead, the legislation stipulates that a form of compensation could be imposed on the guilty party,” Jeffery said.

Payment of compensation may not exceed the value of the damage, said Jeffery.

The previous bill provided for the imposition of fines and the deprivation of customary law benefits, he said.

“The main objective of the bill is to create a uniform legislative framework, regulating the role and functions of traditional courts in the resolution of certain disputes, in accordance with constitutional imperatives and values,” he said.

Jeffery said the department had avoided the creation of a new justice system, deciding to regulate the existing traditional courts system instead.

“In terms of customary law, there is no distinction between criminal and civil law. You can actually deal with a dispute that may have arisen from a criminal act."

“For example, you can take the matter involving somebody who assaulted a family member but in terms of the traditional court, nobody gets punished, sjambokked or sentenced to imprisonment, but there is compensation,” he said.

The bill took into consideration the roles of women at the traditional courts.

It stipulated that the minister would put measures in place to ensure that the position of women was being advanced at the traditional courts.

“The courts are required to promote the representation and participation of women as parties and members of the courts,” Jeffery said.

He said the bill required that the ministry and the Commission for Gender Equality put measures in place to promote gender equality in these courts and to report annually to Parliament.

Parties making use of the traditional courts have the right to opt out of the system.

“The party could opt out of the system before the commencement of the any proceedings in a traditional court but not during proceedings,” according to the bill.

The revision of the bill was necessitated because of the outcry by communities deprived of their rights in the courts.

“The emphasis is on restorative justice measures, for instance compensation and redress, which are aimed at restoring relations between parties and promoting social cohesion,” Jeffery said.

The department would make sure that traditional leaders receive adequate training on the envisaged traditional court, he added.

Pretoria News

Related Topics: