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SOUTH AFRICAN LAW COMMISSION

PROJECT 90

CUSTOMARY LAW

REPORT ON TRADITIONAL COURTS AND THE JUDICIAL FUNCTION OF TRADITIONAL LEADERS

21 JANUARY 2003

Table of Contents

TO DR PM MADUNA, MINISTER FOR JUSTICE AND CONSTITUTIONAL DEVELOPMENT

I am honoured to submit to you in terms of section 7(1) of the South African Law Commission Act, 1973 (Act 19 of 1973), for your consideration the Commission's report on Traditional Courts and the Judicial Function of Traditional Leaders.

MADAM JUSTICE Y MOKGORO
CHAIRPERSON: SOUTH AFRICAN LAW COMMISSION

21 JANUARY 2002

INTRODUCTION

The South African Law Commission was established by the South African Law Commission Act, 1973 (Act 19 of 1973).

The members of the Commission are -

The Honourable Madam Justice JY Mokgoro (Chairperson)
The Honourable Madam Justice L Mailula (Vice-Chairperson)
Professor IP Maithufi (Full-time member)
The Honourable Mr Justice CT Howie
Adv JJ Gauntlett SC
Professor CE Hoexter
Dr W Seriti
Ms Z Seedat

The Secretary is Mr W Henegan. The Commission’s offices are on the 12 th floor, Corner of Schoeman and Andries Streets, Pretoria. Correspondence should be addressed to:

The Secretary
South African Law Commission
Private Bag X668
PRETORIA
0001

Telephone: (012) 322-6440
Telefax: (012) 320-0936
E-mail: gmbmoloi@salawcom.org.za
http://www.law.wits.ac.za/salc/salc.html

This report will be available on the Commission’s Web site at: http://www.law.wits.ac.za/salc/report/report.html once the report has been submitted to the Minister for Justice and Constitutional Development.

The project leader responsible for this project is Professor IP Maithufi. The members of the Project Committee for this investigation are:

Professor T W Bennett (University of Cape Town)
The Honourable Madam Justice JY Mokgoro (Commission’s representative)
Ms LG Baqwa (Attorney),
Professor CRM Dlamini (Department of Education: KwaZulu Natal)
Professor Chuma Himonga (University of Cape Town)
Professor RB Mqeke (Dean of Law, Rhodes University)
Ms Likhapha Mbatha (Center for Applied Legal Studies, University of the Witwatersrand)
Mr Perry Mawila (University of Venda)
Professor Sam Rugege (University of the Western Cape)
Ms Mmathari Mashao (Commission on Gender Equality)

The researcher allocated to this project, who may be contacted for further information, is

Ms GMB Moloi.

ACKNOWLEDGEMENT OF ASSISTANCE

The Commission gratefully acknowledges the financial grant from the Deutsche Gesellschaft für Technische Zusammenarbeit (GTZ) which enabled the Commission to conduct research and prepare documents for discussion.

The Commission is indebted to Professor S Rugege who prepared this report.