Chapter 15 - Jurisdiction of the courts of traditional leaders

Question 1

Explain jurisdiction in civil matters.

Answer 1

1. Civil cases that arise from African customary law.
2. Civil cases that are instituted by black people against black people residing within his area of jurisdiction.

A traditional leader may not decide on any matter concerning nullity, divorce, or separation in respect of civil marriages between black people.

Question 2

A traditional leader’s powers are limited to black people who reside in his area of jurisdiction. Define resident

Answer 2

1. The issue to decide is one of place of residence and not of domicilium.
2. A person can be domiciled in one area and temporarily live in another place.
3. A person can have more than one place of residence, but can live only in one place at a time.
4. The court did not give a comprehensive description of the word “reside.”

Question 3

Explain Jurisdiction in criminal matters.

Answer 3

A traditional leader is competent to hear:

1. Any crime in accordance with common law
2. Any crime in accordance with African customary law
3. Any statutory crime referred to by the Minister

Question 4

What are the limitations of a traditional leader’s powers to hear and adjudicate criminal cases?

Answer 4

1. His jurisdiction is limited to crimes committed between black people in an area that is under his control. The extent of his power is thus connected to residence, and not group membership.
2. His jurisdiction is limited to black people.
3. There are 35 offences listed in the Third schedule to Act 13 of 1955 that are excluded from the traditional leader’s jurisdiction.

Question 5

What punishment may NOT be imposed by a traditional leader?

Answer 5

1. He may not impose punishment that entails death, mutilation, grievous bodily harm, or imprisonment. He may not impose a fine in excess of R40 or two heads of large stock or ten heads of small stock.
2. He cannot impose corporal punishment, except in the case of unmarried males below the apparent age of 30 years.

Question 6

Can the accused appeal a case?

Answer 6

An accused may appeal against his/her conviction or any sentence imposed upon him or her to the magistrates’ court having jurisdiction in the area in which the trial took place.