ABSTRACT
This chapter begins with an explanation of the reasons for this choice as well as the choice to abandon the use of the legislative labels 'traditional community' and 'customary law', in favour of 'vernacular groupings' and 'vernacular law', respectively. One of the aims of the Traditional Courts Bill was to reduce the uncertainty of obtaining justice in the vernacular dispute management forums, especially for those many who will be able to turn only to these forums for redress. The rules that govern traditional courts are inconsistent with the ways in which vernacular forums operate in practice. The chapter demonstrates the centrality of inclusive participation in dispute management in South African vernacular groupings. Vernacular forums are shown generally to be inclusive of the general members of the vernacular grouping, and traditional leaders' powers in dispute management are circumscribed by customary law and tradition.
