ABSTRACT
This chapter opens with section 40(1), which states, 'In the Republic, government is constituted as national, provincial and local spheres of government which are distinctive, interdependent and interrelated.' This section reads, 'National legislation may provide for a role for traditional leadership as an institution at local level on matters affecting local communities.' By taking on the character of state courts, 'traditional courts' would seem to lessen their own local authority, legitimacy and effectiveness. The chapter argues that the justice that is meant and intended by the legislature when it seeks to regulate 'traditional courts' through the mechanism of the Traditional Courts Bill, as drafted, is a very narrow conception. Police and other government officials can choose to focus on the basic human needs of local people and partner with all stakeholders and officeholders to tackle these needs effectively instead of protecting their own position.
