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Investigating the restorative nature of the traditional dispute resolution methods
Mini Dissertation (LLM ((Alternative Dispute Resolution))--University of Pretoria, 2024.
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University of Pretoria
2025
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| _version_ | 1867613516181012480 |
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| access_status_str | Open Access |
| author2 | Baboolal-Frank, Rashri |
| author_browse | Baboolal-Frank, Rashri |
| author_facet | Baboolal-Frank, Rashri |
| collection | Thesis |
| dc_rights_str_mv | © 2023 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Mini Dissertation (LLM ((Alternative Dispute Resolution))--University of Pretoria, 2024. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/100088 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:37:23.306Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2025 |
| publishDateRange | 2025 |
| publishDateSort | 2025 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/100088 Investigating the restorative nature of the traditional dispute resolution methods Baboolal-Frank, Rashri u25463731@tuks.co.za Malatsi, Matome Emmanuel UCTD Sustainable Development Goals (SDGs) Traditional Disputes Resolution Methods, Restorative justice, Traditional communities, African custom, Restoration, Reconciliation, Harmony, Social balance. Cultural values and tradition, Ubuntu. Mini Dissertation (LLM ((Alternative Dispute Resolution))--University of Pretoria, 2024. Most African countries have adopted a pluralistic legal system which includes the inherited legal system and the customary legal system of the original inhabitants. The inherited legal system took superior status whilst the traditional legal system was relegated to the inferior status. African customary communities found it difficult to access justice through the inherited legal system due to travelling costs to access urban areas where courts are located, hostile courts environment and unfamiliar foreign languages used in courts. Before, during and after colonialism, African traditional communities always had traditional dispute resolution methods. These methods are deeply entrenched in African custom. Their main objective was to reconcile disputants and restore peace and harmony. These methods thrived in flexibility, speed, restoration and reconciliation. The elders are the key actors in implementing the TDRM due to their wealth of knowledge and wisdom regarding customary principles and practices. Most African communities prefer TDRM because they are more accessible. They promote access to justice particularly to the marginalised and remote rural communities in the outskirts. However, the TDRM has strengths as well as weaknesses. Many African countries have adopted legislation that recognise customary law, including the TDRM. This development provides a conducive platform for integration of the TDRM and formal legal system. Procedural Law LLM (Alternative Dispute Resolution) Unrestricted Faculty of Laws SDG-16: Peace, justice and strong institutions 2025-01-16T07:07:45Z 2025-01-16T07:07:45Z 2025-04 2024 Mini Dissertation * A2025 http://hdl.handle.net/2263/100088 2024 en © 2023 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD Sustainable Development Goals (SDGs) Traditional Disputes Resolution Methods, Restorative justice, Traditional communities, African custom, Restoration, Reconciliation, Harmony, Social balance. Cultural values and tradition, Ubuntu. Investigating the restorative nature of the traditional dispute resolution methods |
| title | Investigating the restorative nature of the traditional dispute resolution methods |
| title_full | Investigating the restorative nature of the traditional dispute resolution methods |
| title_fullStr | Investigating the restorative nature of the traditional dispute resolution methods |
| title_full_unstemmed | Investigating the restorative nature of the traditional dispute resolution methods |
| title_short | Investigating the restorative nature of the traditional dispute resolution methods |
| title_sort | investigating the restorative nature of the traditional dispute resolution methods |
| topic | UCTD Sustainable Development Goals (SDGs) Traditional Disputes Resolution Methods, Restorative justice, Traditional communities, African custom, Restoration, Reconciliation, Harmony, Social balance. Cultural values and tradition, Ubuntu. |
| url | http://hdl.handle.net/2263/100088 |