Traditional leaders will be trained to ensure that traditional courts are able to promote independence, impartiality, dignity, accessibility and effectiveness of their courts in the administration of justice.

Justice and Constitutional Development Mmamoloko Kubayi has published for public comment the Traditional Courts Regulations and a Code of Conduct.

The training of traditional leaders will be done by the South African Judicial Education Institute or any training institution identified by Kubayi.

They will also receive training of the general administrative and functioning of traditional courts, to be conducted by a training institution identified by the director-general. Traditional leaders may designate any person to preside over a session of a traditional court.

There are also plans to rope in paralegals who are set to play a key support role in traditional courts, helping parties navigate the system, transfer disputes to Magistrate’s or small claims courts, and providing general assistance.

They will also provide expert advice to parties in traditional court disputes in line with the Traditional Courts Act.

“The role and responsibilities of an intern in a traditional court include to interview parties in order to determine the nature of their complaints, to assist parties in completing the forms related to court processes, to compile written summaries of complaints of parties to the proceedings in a traditional court,” read the draft regulations.

In addition, interns will serve documents and summons to parties, where possible and perform duties assigned to them by the clerk of the traditional court or traditional leader in so far as it is necessary to give effect to the act’s provisions.

The training of paralegals and interns, to empower them with the knowledge, skills and competencies in order to enhance and promote the proper functioning of traditional courts will be conducted by a training institution identified by the director-general.

“The training offered must relate to and include principles of customary law, including the related dispute resolution mechanisms, aspects relating to the jurisdiction of traditional and magistrate’s courts, steps in a litigation process in a traditional court,” the regulations state.

The introduction of a code of conduct is to ensure the provision of services to traditional courts is done in a professional and responsible manner and ensure that traditional courts are functioning in an effective and efficient manner.

It also provides a framework for identifying conduct that is ethical and acceptable for persons who are responsible for the functioning of traditional courts and record, enable and detect acceptable standards of behaviour in the functioning of traditional courts.

Kubayi’s spokesperson Morapedi Manase has not responded to requests for comment.

loyiso.sidimba@inl.co.za

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