Answer to Question #200482 in Law for Good mabasa

Question

Discuss mediation and judicial control according to african customary law as remedies available to a party who is aggrieved by a traditional leaders ADMINISTRATIVE actions

Answer 1

In Africa there is the tradition of family or neighbourhood mediation. This mediation is facilitated by elders and takes place in "an attitude of togetherness" and "in the spirit of Ubuntu". African group mediation shows a commitment to the community and a comprehensive view of life. Mediation is compulsory in African culture, including when a family problem occurs. Traditional courts (also referred to as chiefs’ courts) still form an important part of the administration of justice in much of rural Africa, including South Africa. Some critics see them as conservative and unable to deliver justice in the modern social economic and political climate while others see them as prototypes of the kind of dispute resolution mechanisms that are desirable in modern society. Judicial control on the other hand were useful and desirable mechanism for the speedy resolution of disputes given their nature as an easily accessible, inexpensive (virtually free), simple system of justice