- Traditional courts will operate under formal procedures, with presiding officers pledging impartiality and registrars ensuring accountability.
- Paralegals, interns, and training initiatives aim to improve access to justice and support fair outcomes for women and vulnerable groups.
- Citizens can request records, appeal decisions, and participate in shaping regulations before public comment closes on 13 February 2026.
South Africa’s traditional courts have long resolved disputes reflecting community customs and values. However, questions about transparency, accountability, and protection of vulnerable members have persisted.
The Department of Justice and Constitutional Development’s draft Traditional Courts Regulations and Code of Conduct offer a structured solution that upholds customary practice while embedding constitutional safeguards.
Under the draft regulations, traditional leaders may designate presiding officers to hear cases. These presiding officers must formally pledge to uphold the Constitution, the Act, and impartiality in justice. Clerks of traditional courts will oversee administration, supervise paralegals and interns, and ensure procedural standards are maintained.
Provincial registrars who are qualified in law and experienced in traditional affairs are tasked with monitoring cases, analysing trends, and reporting systemic challenges to both provincial MECs and the Minister.
Strengthening transparency and fairness
Each province must maintain a Register of Traditional Courts, document proceedings in writing or electronically, and preserve records for at least seven years. Parties may request access to these records, although requests from external parties may be declined to protect privacy and safety.
Appeals and High Court reviews are available within 15 working days for dissatisfied litigants, and registrars may escalate matters of public interest to higher courts.
The code of conduct formalises accountability. Misconduct reports must reach provincial MECs within 10 working days, ensuring breaches are swiftly addressed. Annual parliamentary reports will detail efforts to promote women’s participation, protect vulnerable individuals, and document patterns in disputes and referrals.
Empowering communities through training and support
To support effective justice delivery, traditional leaders, paralegals, and interns will undergo structured training in customary law, dispute resolution, gender sensitivity, and equality principles. Paralegals will provide information and assistance to court parties, while interns will support case documentation and administrative processes.
For communities, these reforms represent a major step towards transparent, inclusive, and culturally sensitive justice. They promise accessible mechanisms for resolving disputes, fair representation for women, protection for vulnerable members, and a bridge between customary and mainstream legal systems.
Invitation for public comment
The Department of Justice and Constitutional Development invites all interested parties to submit written comments on the draft Traditional Courts Regulations and the Code of Conduct made under the Traditional Courts Act 2022. The draft regulations and code are made in terms of Sections 16 and 17 of the Act, respectively.
Comments must be submitted by Friday, 13 February 2026, marked for the attention of Mr D Mangena or Advocate Takalani Nndanduleni, and may be submitted to The Department of Justice and Constitutional Development, Private Bag X81, Pretoria 0001, Momentum Centre 239 Pretorius Street, Pretoria, or email DiMangena@justice.gov.za or TNndanduleni@justice.gov.za
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