COMMUNITY COURTS

• NCJ Number: 144400
• Author(s): W Scharf
• Editor(s): R Theron, D Fine
• Date Published: 1992
• Length: 20 pages
• Sale Source: University of Cape Town
• Publication Type: Survey
• Language: English
• Country: South Africa
• Note: Developing Justice Series

Annotation

This booklet, one in a series on developing justice in South Africa, examines the history of and problems and challenges for community courts which operate at the township level.

Abstract

Community courts have been existence in South African townships since the time townships came into being. Early courts, however, were not accessible to blacks because they were usually far from townships, they had difficult procedures, and they convened only during the day. Community courts are now easier to use because they are located in townships, they convene in the evening and on weekends, they are close to where people live, and individuals do not need a lawyer to use the courts. Properly established community courts are usually made up of a cross-section of the community and have regular times and places for meetings. Their main aim is to solve problems between individuals, within families, and among community members. Problems and challenges for community courts relate to the effect of township violence and conflict on punishments handed down by the courts, lack of understanding of community courts, lack of a clear relationship between advice-giving paralegal structures and community courts, and what will happen to community courts if they become part of the government's legal system or if their members become paid government employees. Consideration is given to factors influencing the way community courts are set up, the ability of local justice to express local values, and the political neutrality of community courts. Current initiatives to make community courts more efficient and more acceptable to communities and government structures include dispute resolution and referral skills and mediation. Over the long-term, community courts may be neutralized or eliminated by the government due to abuses, may be influenced by the community justice center model, or may be altered as each township develops its own particular form of peacekeeping and dispute resolution.