The role of the Centre for Community Justice and Development in indigenous governance of social justice in Impendle, KwaZulu-Natal.
Year: 2013
Type: dissertation
Abstract: The Role of the Centre for Community Justice and Development in Indigenous Governance of \nSocial Justice in Impendle, KwaZulu-Natal \nAlthough a post-apartheid South Africa emerged in 1994 and an internationally recognised \nConstitution became effective in 1996, rural KwaZulu-Natal is home to poverty stricken citizens \nwithout access to socio-economic justice. Very few lawyers practice in rural areas especially in \nareas governed by traditional authorities. As a consequence many citizens are arguably ignorant \nof their legal rights; yet legal awareness is the foundation of constitutional protections and socioeconomic \njustice. This research undertaking falls within the broader framework of the field of \naccess to justice, exploring alternative justice approaches that a traditional community, like \nImpendle can utilise to be able to access justice. The study focuses on assisting traditional rural \ncommunities find alternatives to the formal, often exclusivist and problematic nature of the \njustice system that often act as a gate keeper, hindering access justice. This study seeks to \nachieve a set of objectives set against the study background and research problem. The \nobjectives of the study are as follows, (1) to investigate the use of indigenous governance \ntechniques by the CCJD, (2) to determine the relevance of customary law in accessing justice in \nthe rural area of Impendle, (3) to explore the value of governance systems for access to justice in \nImpendle and (4) to develop policy recommendations for the governance of social justice \nsystems as one mechanisms citizens in rural areas can use to access justice. This study examines \nindigenous governance of social justice as delivered by the Centre for Community Justice and \nDevelopment (CCJD), a nongovernmental organisation based in KwaZulu-Natal. This research \nstudy is theoretically driven by John Rawls’ theory of social justice which includes (1) \naddressing structural disadvantage as structures of oppression, (2) addressing discourses of \ndisadvantage relative to access to justice in a democratic society, and (3) empowerment of \ndisadvantaged groups toward understanding, addressing and removing barriers to exercise \npower. Exercising power of citizens in rural Impendle is about the power of access to justice in \nthis study. Using a qualitative research design and case study strategy with an underlying \nadvocacy/participatory worldview, findings from interviews and focus groups indicate that, \nwhile CCJD does use indigenous knowledge systems to facilitate access to justice, staffing and \nbudgetary constraints curtail overcoming the challenge of ensuring that South Africans in the \nstudy area do not experience barriers in accessing equal access and protection under the law. The \nstudy concludes with recommendations for CCJD justice mechanisms, for public policy-makers \nseeking to address structural disadvantage of so many South African citizens and for policymakers \nin South Africa and other countries seeking to facilitate indigenous knowledge systems \nof governance.
Author: Phindile Favourite. Hlubi
Language: English
Topic: Legal Issues in South Africa
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W2282724060