Book contents
- Frontmatter
- Contents
- Notes on Contributors
- Acknowledgments
- Introduction
- Part One The Nature and Future of Customary Law
- Part Two Ascertainment, Application, and Codification of Customary Law
- Part Three The Role and Power of Traditional Authorities
- Part Four Customary Land, Property Rights, and Succession
- Part Five Customary Criminal Law
- 16 Customary Criminal Law in the South African Legal System
- 17 Gacaca in Rwanda
- Part Six Customary Law, Human Rights, and Gender Equality
- Index
- References
16 - Customary Criminal Law in the South African Legal System
Published online by Cambridge University Press: 05 February 2012
Book contents
- Frontmatter
- Contents
- Notes on Contributors
- Acknowledgments
- Introduction
- Part One The Nature and Future of Customary Law
- Part Two Ascertainment, Application, and Codification of Customary Law
- Part Three The Role and Power of Traditional Authorities
- Part Four Customary Land, Property Rights, and Succession
- Part Five Customary Criminal Law
- 16 Customary Criminal Law in the South African Legal System
- 17 Gacaca in Rwanda
- Part Six Customary Law, Human Rights, and Gender Equality
- Index
- References
Summary
Introduction
The occasion for writing this chapter is a long-overdue bill that has been proposed by the South African government to reconstitute the country’s system of traditional courts. Under the apartheid regime, the state had given these tribunals its full support, but since the new democratic Constitution of 1996, their status – and, more generally, that of traditional rulers – has been uncertain. Eventually, on April 9, 2008, the government tabled a Traditional Courts Bill, confirming, although in modified terms, the courts’ civil and criminal jurisdiction.
- Type
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- Information
- The Future of African Customary Law , pp. 363 - 386Publisher: Cambridge University PressPrint publication year: 2011
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