The Department of Justice and Constitutional Development hosted a ministerial breakfast in Mahikeng on 6 January 2026 to engage traditional leaders on the implementation of the Traditional Courts Act. The session focused on strengthening customary law systems and expanding access to justice in rural areas.
What Happened
Deputy Minister of Justice and Constitutional Development, Hon. Burns-Ncamashe, joined Minister Mmamoloko Kubayi and a delegation of traditional leaders to deliberate on two key instruments for operationalising the Act:
- Draft Traditional Courts Regulations
- Draft Code of Conduct for traditional courts
The Traditional Courts Act, passed in 2023, provides a framework for the functioning of traditional courts in a manner aligned with constitutional values. It affirms the legitimacy of traditional courts as part of South Africa’s broader legal system.
Deputy Minister Burns-Ncamashe said “Traditional courts are courts of law grounded in African systems of justice. They uphold restorative principles, ethics, and impartiality.”
Key Focus Areas
- Clear separation of roles between traditional and political functions
- Ongoing training and capacity building for traditional leaders
- Promoting public confidence in traditional justice systems
- Expanding rural access to justice through recognised customary structures
The Deputy Minister called for continued collaboration and education to ensure effective implementation and public understanding of the Act.
Community Justice and Customary Law
The Traditional Courts Act is designed to bring justice services closer to communities—especially in rural areas where access to formal courts is limited. It also seeks to affirm living customary law and restore respect for indigenous legal systems.
