TCB Card

The Traditional Courts Bill, explained

The Traditional Courts Bill, explained

Explainer Card

The Traditional Courts Bill (TCB) was passed by the National Assembly on 12 March 2019. It is now before the National Council of Provinces to be deliberated in accordance with the rules of Parliament.

According to government, the Bill, which will replace parts of the Black Administration Act of 1927, will regulate traditional forums for resolving disputes and ensure that they function in line with the Constitution.

Since 2008 Sonke has opposed this Bill becoming law in South Africa through advocacy campaigns and parliamentary submissions. We content that the Bill is unconstitutional as it will effectively bring back apartheid homelands by subjecting people to different laws in different parts of the country. In addition, the Bill infringes on property rights, access to courts and gender equality.

If passed, the Bill will directly affect the lives of the approximately 17 million South Africans living in rural areas of the former homelands. It could also affect people living in cities.

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