CJ Malaba calls for legal, ethical training of traditional leaders

Chief Justice Luke Malaba has directed the Judicial Service Commission (JSC) to train traditional leaders on legal and ethical standards to ensure that as judicial officers, they treat litigants with dignity and respect, rather than resorting to threats or insults.

Concerns have been raised regarding traditional leaders who insult or threaten their subjects when handling disputes. In one instance last year, a traditional leader was recorded threatening to assault a subject. Additionally, some litigants have challenged decisions made by chiefs' courts, highlighting tensions between customary and common law systems.

Speaking during the opening of the 2025 Legal Year, Chief Justice Malaba emphasized the importance of equipping chiefs with the necessary skills to administer justice fairly and within the confines of the law.

"I have directed the JSC secretary to initiate engagements with the National Council of Chiefs with specific focus on the training of chiefs in respect of their conduct at their courts. The idea is to empower chiefs with the necessary skills for hearing and determining disputes at their courts," he said.

Chief Justice Malaba reiterated that traditional leaders must recognize the principles of law that govern all judicial proceedings and uphold the rights and dignity of litigants.

"Litigants seeking justice from customary law courts deserve to be treated with dignity. They must never be insulted by the presiding persons," he emphasized.

Chief Justice Malaba described traditional leaders as key players in the justice delivery system, particularly in alternative dispute resolution through customary law.

"Chiefs preside over customary law courts and are responsible for delivering justice in accordance with customary law. Sections 162 and 163 of the Constitution recognize customary law courts and their presiding officers as part of the judiciary. These courts and their officers are bound by the same ethical standards and constitutional principles as other judicial institutions," he said.

While traditional leaders do not fall directly under the JSC, the commission is tasked with ensuring that all courts, including customary law courts, operate efficiently and fairly. "The numerous functions a chief is entitled to perform are set out in the Traditional Leaders Act. This position is consistent with the provisions of the Constitution setting out in broad terms the functions of traditional leaders recognized as an institution under customary law in terms of the Constitution," Chief Justice Malaba explained.

He stressed that JSC must ensure justice is legally and properly dispensed in all courts, noting that public confidence in the justice system, including customary law courts, depends on the protection of fundamental human rights.

National Council of Chiefs president, Chief Mtshane Khumalo, lauded the move, highlighting the lack of training for traditional leaders in recent years.

He said it was pleasing that following Chief Justice Malaba's statement, officials have swiftly acted, with a meeting held to kick-start the process.

"I'm just coming from a workshop on how the process will be carried out. We have had some media reports where the conduct of chiefs has been condemned as some of the chiefs were said to be threatening those who appeared before them," said Chief Mtshane Khumalo.

"Since 2021, there has been no training for chiefs yet many have been appointed during this period and lack knowledge on how to handle court sessions. The training will serve as a refresher for those previously trained and a critical introduction for new appointees."

Chief Mtshane Khumalo also stated that a meeting has been held to plan the training programme.

"This training will address such issues and ensure chiefs are well-versed in customary law and the Customary Act. Previously, the Office of the Chief Magistrate provided guidance on conducting court sessions, including court composition," he added.