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PROGRESSIVE: Lulu Xingwana

Xingwana has said - ahead of the launch of the National Council Against Gender-based Violence this week - that she planned to have women as presiding officers in 50% or more of the traditional courts.

A planned overhaul of traditional courts has been derailed by a controversial bill that many civil advocacy groups, and even the minister herself, believe would undermine the rights of women.

"Our concern with the Traditional Courts Bill as it stands is that it has not been an inclusive process," Xingwana said.

Fortunately, she said, Justice Minister Jeff Radebe supports the view that the bill is flawed.

She believes there is a place for traditional courts, but she wants them to be more progressive.

As the bill will operate in the rural areas, she believes that women - specifically rural women - needed to be consulted. She is now moving to get that done.

The bill's lack of an "opt-out clause", where a person can choose not to go to a traditional court, but rather to a magistrate's court, is what Xingwana sees as the biggest problem.

"In cases of eviction or domestic violence, traditional courts are not equipped or have the necessary expertise to handle these cases," she said.

Gender-based violence is a major concern for Xingwana's department.

The National Council Against Gender-based Violence, a high level national intervention headed by Deputy President Kgalema Motlanthe is due to be launched this week.

It looks as if it would be a hard slog to get traditional leaders to accept her more progressive plans.

Asked whether she has had support from traditional leaders, she sighed and said "some".

Comments

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Sat May 25 01:47:49 SAST 2013 ::

Aug 23, 2012

RobinH

Women presiding over traditional courts? Nice idea but this will never fly. Where in our local tradition have women EVER been allowed such a position. It's almost a contradiction in terms. I must hasten to add that I think such a thing would be really great, but I just think the minister, as usual, has not thought about the matter all that much.
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Aug 23, 2012

somaartakeit

And in anycase xingwana your president has said women should be pregnant and kitchen, so you might want to run your ambitious views with him first.
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Aug 23, 2012

RobinH

Somaar: What a classic collection of gaffes that speech was, hey!!!!
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Aug 23, 2012

MommaC

The whole Ministry of Everything Except Healthy Males is an insult to us all. The very idea that we go back to feudal lordships (which is essentially what this bill is proposing) is just insane.
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Aug 23, 2012

Lehido

It looks like ms Ministeress and her boss (The Spear one) have different ideas.............
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Aug 23, 2012

Voetzek

This minister drank spirit, we dont want Ikweeeeeeeeeeeeeeee here otherwise she must go to nigeria
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Aug 23, 2012

Tabza325is

Yes crazy but true women need to be part of the traditional court, the worrier Queen Mantatisi of the Batlokoa tribe proves either wise.
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Aug 23, 2012

RobinH

Tabza: I think you may mean "warrior" queen?
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Aug 23, 2012

Tabza325is

@RobinH, Yes Gramma Police thats what I ment, reason is people have this mind set that SA tradition was narrow minded and was build on male chauvinism, but if you look into our SA history figures like Queen Mantatisi, Queen Motjatji have been forgotten, this were women figures I feel most women today should have taken pride in, as much as men we talk about your Shaka, Mohlomi, Moshoeshoe as great kings or men, women should also pride themselves with those figures and know that they've always been involved in the African society.
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