Justice Dept invites public input on new Traditional Courts Regulations, Code

The department said the draft regulations were crafted after extensive consultation with national and provincial traditional affairs authorities, as well as the National House of Traditional and Khoisan Leaders.

The Department of Justice and Constitutional Development (DJCOD) has urged South Africans to review and submit comments on the newly drafted Traditional Courts Regulations and Draft Code of Conduct, marking a significant milestone in the implementation of the Traditional Courts Act.

Although the Act has already been signed into law, it is not yet operational, as it will only come into effect once the Minister officially promulgates the required regulations.

Key Step Toward a National Framework for Traditional Courts

In its statement on Wednesday, the DJCOD emphasised that publishing these draft regulations is a crucial step toward establishing a uniform national framework for how traditional courts function across the country.

The Traditional Courts Act aims to:

• Affirm customary law values

• Strengthen the institutional role of traditional courts

• Promote efficient, transparent and integrity-focused systems

• Ensure national uniformity in how traditional courts operate

• Encourage meaningful community participation

• Improve access to justice, especially in rural and marginalised areas

What the Draft Regulations Cover

The department said the draft regulations were crafted after extensive consultation with national and provincial traditional affairs authorities, as well as the National House of Traditional and Khoisan Leaders.

The regulations outline:

• Clear roles and responsibilities of traditional court members

• Procedures for recording proceedings and maintaining proper documentation

• Standards for collaboration with magistrates’ courts and other judicial structures

• Training requirements for traditional court personnel

Training on dispute resolution will be provided by the South African Judicial Education Institute, while the Brigitte Mabandla Justice College will deliver training on administrative and court management aspects.

Draft Code of Conduct Sets Ethical Standards

The accompanying Draft Code of Conduct sets out ethical and professional expectations for traditional leaders and presiding officers. It includes:

• Rules on professional conduct and impartiality

• Duties and responsibilities when presiding over matters

• Attendance expectations

• Restrictions on gifts and benefits

• Guidelines for maintaining proper professional relationships

These standards are intended to ensure that traditional courts uphold credibility, fairness and constitutional values.

Deadline for Submissions and Public Participation

The DJCOD has invited all members of the public, civil society organisations, traditional leaders and community groups to submit written feedback by 13 February 2026.

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

The department has encouraged broad public engagement to ensure that the final regulations reflect community needs and support a traditional justice system that is fair, accessible and aligned with constitutional rights.