When culture clashes with criminal law: Traditional Leadership has the potential to play a positive role in countering GBV

How should criminal law deal with a situation where a person charged with a criminal offence, asserts that they were simply engaging in a customary practice that is widely accepted as appropriate in traditional society? How should criminal law deal with a situation in which a person murders or assaults someone, because they believe that the victim was using witchcraft to cause grave harm to them or their family members?

“Violence is not in our culture, in fact we strive for peace in our communities”, asserted a member of the traditional leadership in Limpopo. At a dialogue on gender-based violence (GBV), members of the House of Traditional Leaders in Limpopo, questioned why they are being left out of countering GBV in South Africa. We are not even informed when perpetrators or offenders are released into our communities and yet we can do so much to monitor offenders, and keep survivors safe”, said Hosi Ngove, the leader of the House of Traditional Leaders.

Indeed, traditional leaders are the backbone of communities. With violence against women and femicide reaching epidemic proportions, traditional leaders have the capacity to become influencers of change, that can save the lives of women.

In South Africa, it is estimated that nearly four children are killed every day1; and approximately seven women are killed per day.

According to the UNIDO homicide report, compared to other countries where statistics more readily availabele.

South Africa ranks among the five countries with the highest female homicide rates 2. According to the report, the majority of female victims are killed by close partners (predominantly by their husband or boyfriend) or are family-related (father, brother, son etc.)

One must understand that traditional leaders, are symbols of unity and are hence, in a most opportune position to reverse the epidermic of gender-based violence. Female traditional leaders can mobilise themselves, to not only be enablers for change in supporting women survivors, but role-models for depicting equality and empowerment.

Gender based violence is a disruption to the social order and cohesion of communities therefore, there needs to be a closer link between traditional leadership and the chain of justice. Deputy Minister Hon. Bantubonke Holomisa, emphasized that traditional leaders have authority over approximately “18million people” and “can be partners of positive change”, and the solution to addressing GBV.