Traditional Courts Act: Draft Regulations and Code of Conduct Published for Comment

Posted 19 December 2025 Written by Acts Online
Category Justice

Brought to you by SA Legal Academy: The Department of Justice & Constitutional Development has invited public comment on draft regulations and a draft code of conduct intended to operationalise the Traditional Courts Act, No. 9 of 2022.

The proposed regulatory framework aims to establish a uniform national system for traditional courts, which have historically operated under varying provincial and customary regimes. The publication of these drafts is a prerequisite for the Minister to bring the Traditional Courts Act, No. 9 of 2022 into full effect. Interested parties have until 13 February 2026 to submit written representations on the proposals.

Scope of the Draft Regulations and Code

The draft regulations seek to provide the administrative and procedural detail necessary for the functioning of the courts, including:

  • Procedures for the referral of disputes to traditional courts;
  • The management of court records and the reporting of proceedings;
  • Financial management and the handling of any fees or fines; and
  • The interface between traditional courts and the formal judiciary.

The draft code of conduct establishes the ethical standards expected of traditional leaders and other members presiding over these courts. It includes provisions for accountability, impartiality, and the handling of complaints against presiding officers who fail to adhere to the prescribed standards.

Click here to download the draft code of conduct.

What this means for you, your business, or your clients

  • For yourself: Legal professionals practicing in areas of customary law should review the draft code of conduct to understand the ethical benchmarks and disciplinary mechanisms that will govern traditional court presiding officers.
  • For your business: Firms providing advisory services to traditional councils or community trusts must prepare for a shift from fragmented provincial rules to a uniform national framework under the 2022 Act.
  • For your clients: Clients residing within traditional community jurisdictions will gain access to a regulated dispute resolution mechanism with specific procedural rights and a formal code of conduct for presiding officers.

Originally published at https://legalacademy.co.za/news/read/traditional-courts-input-sought-on-draft-regulations-code-of-conduct

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