Constitutional Hill

Why the Traditional Courts Bill might be unconstitutional

The Law, Race and Gender unit at UCT has produced the following video explaining why aspects of the Traditional Courts Bill tabled last month may be unconstitutional.

  • Henry Losiewicz

    Why the Traditional Courts Bill might be unconstitutional ,Mr Zuma simply does not “get” the constitutional democracy concept and has failed to surround himself with people who do — cannot be excluded,He better get it people Had enough trouble.

  • Pekkil

    Wow, the constitution suspended for a third of our people? How dare they bring Saudi Arabia to the apartheid bantustans? The more things change…

    The commitment to undemocratic practices in this country will never cease to amaze me.

  • Lisbeth

    “Are we perhaps seeing here an attempt to divide and rule?” – Carmel Rickard

    Can anyone think of a better motive?

  • sirjay jonson

    How can the rights under the Constitution be denied by traditional leaders? Canada sets a good example in this area. Indian nations are permitted their own justice on reserves (land) but such justice as they administer must meet the Constitutional and legislated laws of the country of Canada. Its an exceptionally balanced and workable acknowledgement of indigenous rights.

    There is little or no complaints regarding this system by the nations themselves. RCMP officers (who always get their man) on reserves are inevitably of Indian origin. The ANC used to look to Canada for labour rights education, pity their ignorant obsession with China. And shame on the ANC for their turned face to the invaded and barbaric oppression of Tibet by China, Tibet being the only country globally still under verifiable foreign occupation.

  • sirjay jonson

    The murderous brutality of the Soweto youth and the rifle butt assault of a woman at the time is inexcusable. Three shots to a youth restrained on the ground. A long walk indeed from the Police ‘Service’ of 2000. What next, brown shirts or a black gestapo?

  • sirjay jonson

    Can’t watch your video. Pity about the abhorrent ‘not broadband’ speed of internet service in SA. Videos simply take forever to appear and stop and start every few seconds. I trust the fine to Telkom will break them. They deserve to die… literally. I’ve said since arriving in 2000 that the greatest disadvantage SA suffers under is Telkom’s limitation of exposure to knowledge via their deliberately controlled stifling of speed on Broadband. Witness Google’s recent statement why they don’t expand in SA, 20 to 30 times the expense of western countries. I’ve said to everyone I know, there is no greater obstruction to SA’s success than the control by Telkom on access to global information and business opportunity, with Telkom’s greedy self interested control of broadband.

    Remember, when Telkom started delivering internet, it was by phone; it was to their financial advantage to keep the phone lines open for as long as possible. They don’t give a damn about SA, only the profit in their pockets.

  • Maggs Naidu –

    sirjay jonson
    February 16, 2012 at 18:46 pm

    Hey Sirjay,

    “Pity about the abhorrent ‘not broadband’ speed of internet service in SA.”

    Yeah – things are really crappy in South Africa.

    Let’s all emigrate to Canada and truly live the better life for all.

    What do you say?

  • Chris (Not the right wing guy)

    Maggs Naidu –
    February 16, 2012 at 20:29 pm

    Do you have any idea how cold Canada is?
    We’ll all end up having 16 children.
    I can barely afford the two I have.

  • sirjay jonson

    @ Maggs: is the word ‘facetious’ for your last comment not applicable? I expect better from you. Failure on the part of SA to learn from progressive nations is part of the problem which denies SAfricans progress. But then of course SA has all the Mbekian African answers to African challenges, right? And if millions die in pain and horror, well just mind your own business west, but feed us when we’re starving, give us your world bank loans for our elites’ homes.

    I note no greater idiocy in SAfrica than that the elite cultivate the East rather than the west while loving western toys, and I might ad banking offshore in the west.
    And to hell with the peasants.

    Go for China but don’t moan about the results in the dark years to come. Then again you’re educated and can easily settle in the comfortable freedom of the western world when the shit hits the fan here. The west remember, welcomes all educated souls.

  • sirjay jonson

    @Chris (Not the right wing guy)
    February 16, 2012 at 20:54 pm

    Interesting that most of the modern world’s intellectual and creative advances have taken root in the north’s colder climates. There’s a pristine exquisiteness about deep cold (when dressed accordingly). Clarity is far more brilliant in such an environment than when in the suffocating heat of tropics when only rum or similar drinks can produce creative evolving syntaxes, and even that questionable.

    Of note, in Western Canada, Vancouver et al, the Pacific north west coast, winters are little different than in the Western Cape, similar temps, only occasional snow at sea level. For the enthralling beauty of a Cdn experience however, there’s the mountains, the Canadian Rockies. Few hardy souls live in those realms. However visiting is well worth it. Mother Nature is most invigorating at -40, either in the mountains or on the Prairies, as in crystal clear and crystal clarity.

    And if Canada is so horribly cold, why are there so many SAfricans there, and I might add enjoying the life available along with the dollars their skills produce.

    Few of their children would consider emigrating to SA.

    In that I married a South African Cdn , I think I have a feeling for this.

  • Maggs Naidu –

    sirjay jonson
    February 16, 2012 at 21:32 pm

    Hey Sirjay,

    “There’s a pristine exquisiteness about deep cold (when dressed accordingly).”

    It seems that the Right Wing Guy was thinking more along the lines of being “undressed accordingly” when he thought of the joys of fathering another 14 children.

    But now that you’ve alerted him to the prospect of -40 (C?), he’d be well advised to keep “that rubbish in his pants” – he probably wouldn’t want his enthusiasm to turn into an icicle.

  • ozoneblue

    And while we are discussing all the noble myths about “traditional African culture” the battle for controlling history for propaganda has just intensified.

    “Mulder, who is deputy minister of agriculture, forestry and fisheries, said Africans did not have a legal and historic claim to up to 40% of South Africa’s land because they migrated from northern Africa. He said this contention was based on a soon-to-be released book by two experts who tracked the land issue from as far back as the 1600s. “Africans never in the past lived in the whole of South Africa. The Bantu-speaking people moved from the equator down while the white people moved from the Cape up, to meet each other at the Kei River. “There is sufficient proof that there were no Bantu-speaking people in Western Cape and the north-western Cape. These parts form 40% of South Africa’s land surface,” he said to jeers from ANC benches.”

  • ozoneblue

    he he.

    I tried to post a response to this article on Lukhona Mnguni on “This is the land of Africans” (

    The post was “rejected” because:

    “Your comment has been rejected because it contains language we consider to be vulgar, discriminatory, obscene or abusive. The following words were flagged by the moderator: coloureds”

    I guess the filter must work like this: Manyi NEAR coloureds NEAR “over-population”

  • Paul Kearney

    He, he mags, I think you’d feel quite at home in Canada (except for no cricket, let alone quotas and no race card to play) as plenty of your SA brethren (wtmb) have settled reasonaby happily there. I have a suspicion that one M Sutcliffe who seems to have been a bit a bit naughty in the ANC tradition may be eyeing greener (or is it whiter?) pastures there. I speculate that the erstwhile Durban pill pusher, now nominally in charge of SA’s money (or what’s left of it) may have increased overseas investment allowances just for a few such buddies who need to gap it before their enemies come looking.

  • Maggs Naidu –

    Paul Kearney
    February 17, 2012 at 7:21 am

    Hey Paul,

    “except for no cricket, let alone quotas and no race card to play”.


    I’m not going to Canada then – my 9 year old son will not be able to be CAPTAIN of the cricket team.

    Envious OB will be very happy.

  • ozoneblue

    I would say the obvious thing to do for Juju’s racist White lawyers would be to excuse themsleves then and perhaps advise their client where to find Black lawyers.

    Perhaps doctor Katumba also knows a lot about Black legal studies?—because-of-their-race-with-video

  • ozoneblue

    Maggs Naidu –
    February 17, 2012 at 8:21 am

    You won’t be happy in Canada since their freedom of expression laws don’t allow their citizens to post racist invective on the Internet.