Traditional Dispute Resolution through Lekgotla: The Approach of the Bakgatla Ba Mosetlha in the North West Province of South Africa

Abstract

South Africa has a mixed legal system and owns state and customary dispute resolution systems where formal and informal laws co-exist. The article addresses the traditional dispute resolution in South Africa, particularly how lekgotla (traditional court) mediates and resolves disputes in the North West Province at the village of Makapanstad which has over 32 villages under its traditional authority. The article applies Community-Engaged Participatory Research (CEPR) that includes narratives (storytelling), observations of traditional court proceedings, one-on-one interviews, focus group discussions, home visits, and community dialogues through an ongoing engaged research project called Lekgotla La Batho. The article argues that there should be a collaborative working relationship between traditional leaders, elected local representatives and the court system to effect benefits for rural communities through adequately defined legislative frameworks and processes. It advocates for a model of cooperative conflict resolution in rural areas that is at the grassroots level, is understood, and conforms to the Constitution of the Republic of South Africa. However, the powers and functions in traditional dispute resolution are not adequately spelt out in the Constitution and there is a lack of constructive interaction, coordination, and collaboration between the traditional institution of conflict resolution and the formal court system. There are debates on the guidelines to implement the coordination or collaboration between these two institutions. However, these debates occur amid significant challenges such as human rights issues, lack of documentation of traditional dispute cases, and checks and balances in the powers to be transferred to traditional leaders within the democratic Constitutional prescriptions.