ABSTRACT

All systems of governance have mechanisms in place to deal with disputes when they arise. For most postcolonial nations, this means that there are at least two sets of dispute resolution mechanisms which need to be negotiated within communities: customary processes and state-based law. The procedural interaction of customary and state-based systems can be understood as a smooth hierarchical process that is mediated by the local leadership, including non-elected customary leaders and the 'old' authority figures on the suku council. There are different leaders in the suku who are recognised and empowered to resolve local conflicts. When a dispute arises, the individuals and families involved in the dispute will take it to the local leader who is as close as possible to the disputants. The role of customary authorities is to protect and ensure the continuation of customary culture, so focus in resolving disputes is put on restoring balance in the family, and by extension restoring balance with the community.