Unisa’s TM-School hosts 2024 Traditional Courts Act Indaba

Unisa’s Thabo Mbeki African School of Public and International Affairs (TM-School)  hosted a seminar titled the Traditional Courts Act Indaba on Thursday, 21 November 2024. Held at Unisa’s Main Campus in Pretoria, under the theme “2024 Community Indaba on Traditional Dispute Resolution Systems and the Law (The Traditional Courts Act No. 9 of 2022)”, the seminar brought together legal experts, traditional leaders, royal households, and traditional council members to discuss the implications of the Traditional Courts Act No. 9 of 2022 and its role in integrating community knowledge with formal legal frameworks. This initiative is part of the TM-School’s Lekgotla La Batho Research Project, which aims to advance dialogue and understanding in areas of justice and law within communities.

Traditional leaders and delegates

In his welcome address, Professor Sifiso Ndlovu, Deputy Director of the TM-School, acknowledged the presence of traditional leaders and esteemed guests. He emphasised the importance of traditional leadership and monarchies in these contemporary times, highlighting that the values upheld by the TM-School align with the vision of its namesake, former President Thabo Mbeki, who is also the Chancellor of the University of South Africa. “Mbeki,” said Ndlovu, “recognises the pivotal role of traditional leaders in preserving culture and dispute resolution.” He further underscored the need to honour and integrate traditional systems within the broader legal framework.

Prof Sifiso Ndlovu, Deputy Director of the TM-School, delivering the welcome address

Following the welcoming remarks, Dr Genevieve James, an engaged scholar at Unisa and Deputy Director of the Division Community Engagement and Outreach, took to the podium and acknowledged the critical role that traditional leaders play within the country and the continent. “The Act of 2022 is just the beginning of good things, a groundbreaking piece of legislation that affirms the profound wisdom and value of African traditional disputes,” she said. “It is because of our traditional leaderships that the principles of ubuntu remain vibrant in our country.”

James invited traditional leaders to collaborate. “Come, let us reason together for the community’s well-being”, she said, underscoring the importance of engaging communities and traditional leaders in addressing contemporary challenges, and reaffirming Unisa’s commitment to supporting these efforts.

James celebrated the legacy of traditional leaders, expressing pride in Unisa’s partnerships with communities. Concluding her address, she honoured traditional leaders with a heartfelt poem titled Tribal Throne of Wisdom as a gesture of gratitude and respect.

David Letsoalo, Director of Academic Support, Student Affairs, Internationalisation and Community Engagement, delivered his address which was centred on the Constitution. He said that it was a humbling moment to be addressing the true African leaders.

Letsoalo continued: “My address will be centred from a point of view of pain and cynicism, particularly on the Constitution, speaking as an African for African people. As an African in this African university shaping futures in the service of humanity, it gives me great pleasure to be involved in a discourse on this important matter affecting African people.”

Letsoalo highlighted that the land question lies at the core of what really constitutes the institution of African governance systems, framing it as a critical element of the discourse on traditional leadership and governance. He acknowledged the Constitution as being supreme, but, however, highlighted the conflicting nature of the concept supreme. He continued: “We are confronted with a conflict of cultures and legal systems, where a foreign system is accorded a dominant status

Letsoalo quoted Thomas Sankara as follows: “We must learn to live the African way. It is the only way to live in freedom and dignity”. He criticised how colonialists had distorted the African system of leadership, and discussed aspects of the Constitution such as Chapter 8, which is said to exclude traditional courts and Makgosi (kings, in English). He said that the Constitution propagated a lie of freedom, as it gives and takes at the same time.

(From left) Dr Genevieve James, David Letsoalo, Thembisile Mahuwa

The indaba featured a range of insightful speakers, Thembisile Mahuwa, a lawyer by profession, called on traditional leaders to help the youth understand their identity and heritage. Advocating for inclusivity, she urged that no one should be left behind and proposed that traditional leaders should be the ones taking the lead in drafting policies.

Also speaking was Moyahabo Thoka, an attorney and researcher from the University of Pretoria, who shared her work on access to justice for children. MaHadebe Thandi Ramcwana from the Freedom Park Heritage Site and Museum in Pretoria contributed her views on the theme, while Eaglette Thobejane, from the Unisa Law Clinic, provided an overview of the Traditional Courts Act.

In the final session, traditional leaders shared their views on traditional affairs, emphasising the need to involve indigenous people, empower communities, and strengthen the role of traditional leadership in preserving and promoting cultural heritage. The Lekgotla la Batho Research Project brought together speakers to share in the dialogue on the Traditional Courts Act, fostering a spirit of collaboration and reflection on African roots and underscoring the importance of aligning traditional governance.

* By Seyabonga Thipe, Intern Journalist, Department of Institutional Advancement

* * Photography by Nkwanyana Bhekinkosi, Multimedia Centre