South African indigenous courts : challenge for the future

Abstract

The purpose of this study is to access the viability of traditional African courts in a future legal dispensation in South Africa. The research method used is a study of literature, court decisions and relevant statutes. The development of indigenous courts in South Africa is broadly outlined. As an analogy to the South African court system, the courts of Lesotho, Swaziland and Botswana are used to illustrate the dual systems of courts. Rapid urbanisation is discussed to illustrate that despite the increasing urbanisation, traditional values remain inherent to South African Blacks. The salient features of indigenous courts are analysed to facilitate the development of reform measures that have to be implemented so that the courts can meet the challenge of the future.