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

This article first appeared on 702 : What's the disjuncture between SA law and African customs?


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