The mere existence of rules does not imply peace and order in a community. Judicial rules provide authorities with the power to enforce them and if need be, to provide courts with the necessary evidence to pronounce judgement.
Although the available research confirms that experience dramatically and fairly rapidly improves competence, there is none the less clear evidence that incompetence is not the preserve of the newly qualified. It therefore seems obvious that even an adequate pre-admission education is no guarantee against incompetence in subsequent professional life.
When the special customary civil courts were established for the first time in South Africa in 1927, they were received with a great deal of enthusiasm from certain quarters. The Black Administration Act 38 of 1927 under which these courts were created, was descriptionbed by the then Department of Native Affairs (which has since undergone a number of changes of nomenclature) as ""the flexible adjustment of Native law and tribal regulation together with appropriate machinery for its application"".'