Chapter 3 - Informal Justice: A Favourable Alternative?

Summary

Informal justice and alternative disputes resolution are at the centre of this chapter. It explores the nature and operation of informal justice systems (IJS), including theoretical perspectives of legal pluralism and an analysis of the forms of official and living forms of customary law. The chapter tracks the role of customary law in institutionalising discrimination in South Africa's history, and locates customary law in the current formal legal system. For instance, the chapter discusses the position of traditional leaders in formal law, and also explores how formal courts handle customary matters. Finally, the chapter questions if the process of justice provided by both formal and informal systems responds to the needs of the community, especially women. NGOs are presented as a possible favourable alternative to dispute resolution.