By Terrence Manase
Spokesperson for the Minister Justice and Constitutional Development
The Ministry of Justice and Constitutional Development invites the public, stakeholders and all interested parties to submit written comments on the draft Traditional Courts Regulations and Draft Code of Conduct, issued in terms of sections 16 and 17 of the Traditional Courts Act.
The Act, signed into law in 2023, is not yet operational and 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 draft Regulations were developed following consultations with national and provincial traditional affairs authorities and the National House of Traditional and Khoi-San 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 (SAJEI), 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 documents will be available on the Department’s website following publication in the Government Gazette on 19 December 2025.
The deadline for written submissions is 13 February 2026.
The Department encourages broad public participation to ensure that traditional courts operate fairly, uniformly and in line with constitutional values.
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