Draft Traditional Courts Regulations Released To Strengthen Access To Justice And Accountability

According to the department, the Act has already been assented to but isn’t yet operational.

“The Act...will take effect once the Minister promulgates the required Regulations.

“Publishing the draft Regulations and Code of Conduct is therefore a key step toward implementing a uniform national framework for traditional courts.

“The Act seeks to affirm customary law values, strengthen the role of traditional courts, promote efficient and integrity-driven systems, ensure national uniformity, guarantee meaningful community participation, and expand access to justice,” the DJCOD said on Wednesday.

The draft regulations were “developed following consultations with national and provincial traditional affairs authorities and the National House of Traditional and Khoisan leaders”.

“The Regulations outline roles and responsibilities within traditional courts, recording procedures, collaboration with other courts and training requirements for all personnel.

“Training in respect of presiding over disputes will be provided by South African Judicial Education Institute, and the Brigitte Mabandla Justice College will also offer training on other aspect related to the management of courts.

“The draft Code of Conduct sets ethical and procedural standards for traditional leaders and presiding officers, including rules on conduct, duties, attendance, gifts and professional relationships,” the department explained.

The deadline for written submissions on 13 February 2026.

“The documents will be available on the Department’s website following publication in the Government Gazette on 19 December 2025.

“The Department encourages broad public participation to ensure that traditional courts operate fairly, uniformly and in line with constitutional values,” the department concluded.