Role and relevance of African customary law and traditional leadership in constitutional democracies

Delme Cupido's picture

The workshop will draw learnings from endogenous approaches and experiences from other African countries such as Ghana, Namibia and the work of the African Commission’s special mechanism called the Working Group on Indigenous Populations/Communities in Africa. These shared experiences will be further enriched through civil society perspectives including Khoi and San youth, women, and elder leaders’ perspectives, rural women and traditional leaders.

The workshop will take place on 26-27th October, 2015, at The Capetonian, Pier Place, Heerengracht St, Foreshore, Cape Town, South Africa.

The objective of the workshop is to discuss the following questions:

Day 1:
How can endogenous development help us understand traditional authority and customary law better? What informs customary law in the rest of the continent? How is it dealt with within the various international systems and the national governments? How have other countries dealt with the conflict between human rights and traditional leadership? How can customary law be effectively recognized, promoted and protected within South Africa? Is there a place for African traditional leadership in post-apartheid/colonial Africa? If so, what is that place?

Day 2
The Traditional and Khoi-San Leadership Bill, 2015 is a bill introduced to recognize and promote and to protect customary communities and its leadership with its institutions. How well is it equipped to do this? How well does it present Khoi-San customary law and that of other customary communities? Does it effectively recognize, promote and protect its customary law and the Khoi-San community culture as a whole? Does it recognize customary law as living law? Does it protect the rights of the youth, women and the elderly? Does culture have relevance in a modern ever developing South Africa? If so, what is that place?



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