Cape Town - A small group of UCT students staged a silent picket opposing the Traditional Courts Bill during a lecture by Justice and Constitutional Development Minister Jeff Radebe on campus on Tuesday.
Radebe was invited by the Law Students Council and the SRC to speak on access to justice. The group of between 15 and 20 “concerned students”, including members from Equal Education, Right2Know, Students Against Secrecy, Students for Law and Social Justice, UCT Students of the Workers Forum and UCT Palestinian Solidarity Forum picketed outside the Molly Blackburn Hall on the university’s upper campus.
UCT SRC societies co-coordinator Michael Moss and Nishal Robb led the silent picket opposing the Traditional Courts Bill, which is a proposed law that is planned to replace the Black Administrations Act of 1927.
“The Traditional Courts Bill is unconstitutional and we feel that there was very inadequate consultation. It will only create a dual system of justice,” Moss said.
He explained that the number of students that joined the picket were from various faculties - including law students who were more familiar with the content of the acts. Moss and Robb highlighted a number of problems with the proposed bill.
“If this Bill is passed into law, it will mean that |all people living in rural areas will be forced to have their cases heard in traditional courts presided over by local chiefs – even if they aren’t affiliated in any way with local customs and traditions, and don’t recognise the authority of the chief.
“The Traditional Courts Bill would prevent people from exercising their constitu- tional right to affiliate with a culture of their choice, ” Robb said.
Carina Conradie, a student in the Humanities Faculty, said: “The process behind the Traditional Courts Bill was not very open and that’s why I am here, we won’t be disruptive but we want the minister to know that we are here to listen and we care.”
Radebe said: “There is no doubt that justice must adhere to the democratic conception of justice itself. This is why our constitution recognises the provision for Traditional Courts as part of the justice system.”
Radebe said he had taken into account the various comments that he had received and closed by saying that access to justice remained a “crucial feature on the strides we are making towards the success of our democratic plan”.
“Access to justice is not only a value and theme that binds the judiciary, but binds all branches of state, organs of state, and juristic persons such as universities and individuals.”
Cape Argus
*This story was edited on October 25, 2012. The Cape Argus apologises for errors in the original story.