Traditional Justice in Practice A Limpopo Case Study

"The monograph introduces the institution of traditional leadership. It demonstrates how this system has been entrenched in the rural areas and raises related questions (chapter two). It deals with the policy and legislative framework that applies to traditional leadership. It shows that traditional leadership as an institution has been tremendously influenced by both colonisation and apartheid systems of government. This is evident in that one of the most important pieces of legislation applicable to traditional leadership is the Black Administration Act (38 of 1927). More significant, however, are developments that took place in the post-1994 era. After a worryingly long period of time, an Act was passed in 2003 (Act 41 of 2003) to deal with the institution of traditional leadership comprehensively. The monograph then proceeds to present current day experiences as observed in Mokopane,a traditional community in Limpopo province (chapter 3). Two cases – about domestic disputes – are dealt with. These cases are used to demonstrate how an ordinary traditional court deals with cases and disputes. This paves the way for an interrogation of some of the problems that pertain to a traditional court. The issue of gender (and gender relations), as well as that of the procedure followed in the traditional courts, are dealt with."