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For most people in rural South Africa, traditional justice
mechanisms provide the only feasible means of accessing any form of
justice. These mechanisms are popularly associated with restorative
justice, reconciliation and harmony in rural communities. Yet, this
ethnographic study grounded in the political economy of rural South
Africa reveals how historical conditions and contemporary pressures
have strained these mechanisms' ability to deliver the high
normative ideals with which they are notionally linked. In places
such as Msinga access to justice is made especially precarious by
the reality that human insecurity - a composite of physical, social
and material insecurity - is high for both ordinary people and the
authorities who staff local justice forums; cooperation is low
between traditional justice mechanisms and the criminal and social
justice mechanisms the state is meant to provide; and competition
from purportedly more effective 'twilight institutions', like
vigilante associations, is rife. Further contradictions are
presented by profoundly gendered social relations premised on
delicate social trust that is closely monitored by one's community
and enforced through self-help measures like witchcraft accusations
in a context in which violence is, culturally and practically, a
highly plausible strategy for dispute management. These contextual
considerations compel us to ask what justice we can reasonably
speak of access to in such an insecure context and what solutions
are viable under such volatile human conditions? The book concludes
with a vision for access to justice in rural South Africa that
takes seriously ordinary people's circumstances and traditional
authorities' lived experiences as documented in this detailed
study. The author proposes a cooperative governance model that
would maximise the resources and capacity of both traditional and
state justice apparatus for delivering the legal and social justice
- namely, peace and protect
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