What's the disjuncture between SA law and African customs?

The question of whether indigenous practices can exist harmoniously alongside Western laws and conventions remains unanswered.

This comes as politicians stand accused of interfering in customary issues and using Western laws to dictate to communities.

702/Cape Talk's Redi Tlhabi gave listeners an opportunity to share their thoughts regarding the application of the law in South Africa alongside customary epistemologies.

Listen to the conversation below:

What is the government's business in the appointment of chiefs? The problem now is that chiefs are paid now. They were not paid in the olden days.

Lerumo, caller in Midrand

There are now financial incentives to either being an Induna, a Member of Council or a chief...There can never be a balance, it's difficult and I think the Western or court approach is to come and adjudicate only because a financial interest has been declared.

Mr X, caller in Pretoria

We are in a situation where the government now wants to impose chiefs on a particular place. This is fuelled by the business opportunities that are found in the area.

Kenneth Mogatle, PAC spokesperson

We should have had a hardline rule to recognise them or not because we need clarity on the matter.

Luntu, caller in Daveyton

Customary law is part and parcel of our law but they don't have they same status as the legislature and Constitution.

Bongani, caller in Pretoria West

CapeTalk welcomes all comments that are constructive, contribute to discussions in a meaningful manner and take stories forward.

However, we will NOT condone the following:

  • Racism (including offensive comments based on ethnicity and nationality)
  • Sexism
  • Homophobia
  • Religious intolerance
  • Cyber bullying
  • Hate speech
  • Derogatory language
  • Comments inciting violence.

We ask that your comments remain relevant to the articles they appear on and do not include general banter or conversation as this dilutes the effectiveness of the comments section.

We strive to make the CapeTalk community a safe and welcoming space for all.

CapeTalk reserves the right to: 1) remove any comments that do not follow the above guidelines; and, 2) ban users who repeatedly infringe the rules.

Should you find any comments upsetting or offensive you can also flag them and we will assess it against our guidelines.

CapeTalk is constantly reviewing its comments policy in order to create an environment conducive to constructive conversations.

Read More
The chilling tale of Marikana told through song

The chilling tale of Marikana told through song

'Marikana - The Musical' Aubrey Sekhabi's adaptation of a novel by journos entitled “We are going to kill each other today".

An expert guide on 'hotwifing' and 'cuckolding' in the bedroom

An expert guide on 'hotwifing' and 'cuckolding' in the bedroom

Clinical sexologist Dr Eve shares insights into sexual fetishes and how partners negotiate them in their bedroom and relationship.

The Naked Scientist reveals how birds are able to find their way around

The Naked Scientist reveals how birds are able to find their way around

Every week The Naked Scientist offers listeners the opportunity to probe his brain on anything weird and quirky.

Jay Naidoo: Organised communities have the power to create change

Jay Naidoo: Organised communities have the power to create change

Social activist Jay Naidoo has written a book which explores the power of human connection and social activism.

Local bee farming company Native Nosi creating a buzz with raw honey

Local bee farming company Native Nosi creating a buzz with raw honey

Native Nosi owner Mokgadi Mabela says over 50% of honey sold in SA is imported and she wants to change the business landscape.

How do we ensure the safety of women in South Africa?

How do we ensure the safety of women in South Africa?

Women's Legal Centre and POWA discuss ways to ensuring the legal system stops failing women of South Africa.

Popular articles
CoCT 'Water Resilience Plan' to produce 500 million litres of water per day

CoCT 'Water Resilience Plan' to produce 500 million litres of water per day

City of Cape Town Mayor, Patricia de Lille held a media briefing to share the City’s 'Water Resilience Plan' on Thursday.

"I bumped into Anoj Singh and Eskom's Prish Govender at the Hyde Park Hotel"

"I bumped into Anoj Singh and Eskom's Prish Govender at the Hyde Park Hotel"

Sikhonathi Mantshantsha says surely as Anoj Singh is on suspension, he should not be talking to Eskom employees.

Journos walk out of Bathabile Dlamini's briefing after 2 hour wait

Journos walk out of Bathabile Dlamini's briefing after 2 hour wait

EWN's Gia Nicolaides says journalists walked out of the media briefing on social grants after waiting for hours for her to arrive.

Grace Mugabe used normal passport and can't enjoy diplomatic immunity

Grace Mugabe used normal passport and can't enjoy diplomatic immunity

Shadow Minister of International Relations says Mugabe's case should not be debated any further as she can't enjoy any privileges.

Snow turns parts of SA into winter wonderland

Snow turns parts of SA into winter wonderland

Parts of the Northern Cape, Eastern Cape and Western Cape are covered in snow as a strong cold front sweeps SA.

Grace Mugabe invokes diplomatic immunity as Zim-SA relations get tense

Grace Mugabe invokes diplomatic immunity as Zim-SA relations get tense

Grace is still in South Africa and her husband, Zimbabwean President Robert Mugabe, is due to land in the country this afternoon.