After changes by Parliament the Bill is again UNCONSTITUTIONAL.
It will take us back to the 2008/2012 versions that the people and majority of provinces rejected.
Now the Bill:
Has no provisions allowing for individuals to opt-out or participate voluntarily in traditional courts.
Rejects the consensual nature of customary law and procedures.
Makes traditional courts into “courts of law” to impose enforcement mechanisms.
Makes traditional leaders the presiding officers of traditional courts with top-down power over people.
Lessens transparency around potential abuses by traditional courts.
Keeps the links between traditional court jurisdictions and the boundaries of the Bantustans.
