I had to digest the implications of having traditional leaders as judiciary officers. Following the illegal and unlawful practices of King Dalindyebo it is obvious the worst thing that can happen to our country is to give traditional courts powers to act as independent judicial courts. And for them to seek immunity just highlight the degree of danger we can be facing. If they are not scared of ever being in the wrong side of the law that governs everyone including themselves, why are they then seeking protection from their own decisions?
The immunity afforded to judges is also not a full immunity in a sense that their decision must still be legal and not violate any regulation or human right. Using this as an example goes to show that traditional courts/judges can only be afforded immunity if they are regulated. The question is are they regulated? How will they be regulated? And how will they co-exist with the justice system, criminal and legal frameworks? Will this mean all traditional judiciary officers will be trained? Still this doesn’t address the question of punishments/judgments as failure to align such judgments with the constitution will be a failure in itself.
If the judiciary and the traditional court cant co-exist then why are we even thinking about them, even though the constitution caters for the customary law and traditional courts, it is important to highlight that traditional courts can’t be above the constitution, as this will then give kings powers to do as they please.
As it stands, traditional leaders have huge responsibilities. Most are failing to execute. Sadly they can never be voted out as their blood line is the only thing that qualifies them to lead. So giving traditional leaders powers will just be disastrous.
Article By Dimo Wa Moraswi Sekele
