The content on this page is not written by Polity.org.za, but is supplied by third parties. This content does not constitute news reporting by Polity.org.za.

The Federation of Unions of South Africa (FEDUSA) is closely monitoring the public hearings on the Traditional Courts Bill 2012 which the Select Committee on Security and Constitutional Development commenced in Parliament yesterday. In June 2012, FEDUSA submitted their position on the Bill to the National Council of Provinces Select Committee, and joined many other gender activist and human rights organisations in vehemently opposing the Bill as it currently stands.

Martlé Keyter, FEDUSA Vice President for Gender explains: “The Bill is by its very nature unconstitutional, and upholds an unjust patriarchal system which will perpetuate current systems of oppression and discrimination against women. FEDUSA has listed five areas of concern with this controversial piece of legislature, of which the most distressing is the denial of choice for those people living within the boundaries of the Traditional Courts, who according to the Bill are not permitted to opt out of the jurisdiction of a traditional court”.

Of specific concern to the Federation is the assumption that according to section 10(2)(g) of the bill, presiding officers may order free and forced labour as a consequence for what may be considered unacceptable behaviour in the eyes of the traditional courts or leaders. “This goes against the core mandate of the Federation to ensure decent work for all South Africans. Not only is free and forced labour against the ideals of decent work, but no traditional leader should be given the right to order a punishment that threatens the dignity and wellbeing of an individual, and therefore impose on his or her Constitutional rights” says Keyter.

Furthermore the Bill allows for further entrenchment of gender inequalities that currently exist in certain South African communities. In South Africa all legislation should seek to prioritise gender and mainstream it within the system so as to rectify the entrenched inequalities in our society. “The TCB should serve a purpose to eradicate previous patriarchal systems that entrenched the mistreatment of women, and provide alternatives that will enable women to have greater access to justice and equal rights” continues Keyter. The TCB however does not achieve this at all. Not least in its assignment of power to only one senior leader, which is most commonly a male traditional leader; but also in its inability to provide a Bill in which women can represent themselves, or have equal access to representation and participation within the dispute resolution process.

FEDUSA is pleased that the NCOP has committed to holding further consultations with the public, and will continue to partner with other organisations to see that the Bill is not adopted into legislation. It is hoped that the Select Committee will come to understand the damage that such a Bill can do to the Constitutional rights of those living within the jurisdiction of traditional courts, and take strong action to withdraw it from the Parliamentary process.