n Malawi Law Journal - The challenges of formalisation, regulation, and reform of traditional courts in South Africa




The system of traditional courts in South Africa was regulated by the Black Administration Act of 1927 throughout the apartheid period. This Act was substantially repealed in 2005, leaving only the few provisions that regulate the traditional courts, pending the enactment of legislation by Parliament. The regulation and functioning of these courts through a new law is necessary in light of the post-apartheid Constitution of the Republic of South Africa and its Bill of Rights. The repeal of the 1927 Act led to two legislative processes, one by the South African Law Reform Commission and the other by the Department of Justice, both aimed at addressing the lacuna that had arisen. This paper addresses some of the concerns relating to the process and substance in these legislative developments.


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