Denying people the right to opt out of the traditional court system conflicts with the notion of customary law as a voluntary and consensual system of law.
Inkosi Mhlabunzima Maphumulo, right, with Dali Mpofu and Winnie Mandela in 1989.
Thobekile Maphumulo Family Papers, Author provided (No reuse)
The contested law also defines the jurisdiction of traditional leaders in terms of territory. But traditional community boundaries are actually set by personal relationships.
President Jacob Zuma at the opening of the National House of Traditional Leaders in Parliament.
GCIS
The clash over South Africa’s Traditional Courts Bill is essentially about custom and constitutionalism. The government is often seen as pandering to traditional leaders’ whims.