Problems with 2008 & 2012 versions of Bill

Jurisdiction of traditional courts based on apartheid-era Bantustan boundaries.

Imposed a separate legal system on people living in the former homelands.

Ignored the voluntary and consensual nature of customary law.

Centralised power in senior traditional leaders.

Did not address discrimination against women, children and other vulnerable groups.

Prohibited legal representation, even for criminal matters.

Allowed for harsh sanctions such as forced labour, banishment and deprivation of customary rights, including land rights.

The Bill drafting did not include adequate public consultation.