Formal and informal dispute resolution in the Limpopo Province, South Africa

Abstract

The study of customary law benefits from a focus on both its formal rules and mechanisms and the informal aspect. The complexity of ‘living law’ is best captured by considering process and context. The working of the three-leveled formal traditional courts of the Nkuna Tribal Authority near Tzaneen in the Limpopo Province is complemented by informal mechanisms and processes for adjudication and intervention in conflicts. The civic association, kin, the police and other organised groups or networks play a significant role inside and outside the formal traditional courts. Case material shows the strategic use of these mechanisms by the rural poor, depending on their social and economic positions.