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At the beginning of Women's Month, Minister Lulu Xingwana announced with a bang that Justice Minister Jeff Radebe had agreed that the Traditional Courts Bill did not pass constitutional muster, and would be "overhauled". This was welcomed by many, including the Democratic Alliance.

However, the bang has become a whimper amid reports that the Bill is merely going to be "tweaked". Minister Xingwana also seemed to be of the view that the problems with the Bill will be remedied simply by an "opt-out" clause and stipulating that at least 50% of presiding officers are women.

This u-turn can only be explained by increased pressure from traditional leaders and the need for President Zuma to keep them on board in the run-up to the Mangaung elective conference.

These ‘tweaks’ will not solve the fundamental problems with the Bill, not least of which is the fact that the Bill was drafted without any consultation with the women that it will affect most.

No mention is made of the problematic "apartheid-era" boundaries of the traditional "homelands", which will constitute the boundaries of the courts' jurisdiction. No mention is made of the denial of people's constitutional rights to legal representation. No mention is made of the usurpation of the role of the National Prosecuting Authority in deciding on criminal prosecutions.

What is the use of having women as presiding officers if “culturally”, women will not even allowed to speak in the courts?

All our concerns have been articulated in previous statements . These issues cannot be resolved by mere "tweaking".

It is also a misconception that Traditional Courts are protected in the Constitution. They are only protected in the Transitional provisions but subject to any amendment or repeal, as well as consistency with the new Constitution. Customary law is what is protected in the Constitution, not apartheid-era traditional courts that will reduce the rights of people living in the former homelands to dust.

All indications are that the current Bill will not be passed by the National Council of Provinces. We must take this opportunity to re-draft this Bill from scratch to provide for the traditional courts to operate in a way that is consistent with the Constitution and in a way that will promote access to justice in rural communities in particular, and that will protect and promote Women's rights.

The obvious conclusion one can draw from the shift from "overhaul" to "tweak" is that pressure is being put on the ANC by traditional leaders. We urge women across the board not to allow women's interests to be sacrificed at the altar of Mangaung.