Twenty years of reconciling traditional governance with modern democracy

Key Points

• The chapter aims to explore the conflict between traditional leadership and modern democratic governance, particularly regarding customary law.
• Analysis of court roles in the reconciliation of governance structures
• Examination of policy-making challenges stemming from traditional and modern governance
• Discussion of fundamental issues impacting the recognition of customary law
• Identified increasing tension between state support for traditional leadership and democratic demands
• Highlighted the courts' role in shaping and correcting the reconciliation process
• Proposed solutions for balancing traditional governance with modern democratic principles