FROM BANTU DIVORCE COURTS TO DIVORCE COURTS: A SUCCESSFUL EXERCISE IN LEGAL TRANSFORMATION

Abstract

In order to establish Family Courts in South Africa, the Department of Justice and Constitutional Development established a Family Court Task Team in 1997. During September 1998 a Family Court Pilot Project was launched by the Department of Justice and Constitutional Development to serve as test sites for possible nation-wide implementation. This project flowed from the “Justice Vision
2000” national strategy. The aim of the project was to make justice accessible to families in urban, rural and even isolated communities, by providing co-ordinated and integrated family services to all parties involved in family law disputes under one roof. The establishment of Family Courts was motivated by the following aims: to afford wide and specialized protection and help to the family as a fundamental unit in society, to bring about access to justice for all in family disputes, and to improve the quality and
effectiveness of service delivery in this area (Chaskalson Family Courts 4). With the formation of the Family Court Pilot Project, the vision of the project was defined as to establish a court structure which has its own identity, is accessible to the community, sensitive to the needs of the community, operating according to simple procedures, offering counselling and mediation support services and providing a quality service in a pleasant and user-friendly environment. With its formation, it was envisaged that each Family Court Centre will have two components, the support service and the litigation component. The family support service provides support to the family and encompasses alternative ways to resolve disputes without parties appearing in court, such as counseling and family group conferencing. The litigation component offers services ranging from maintenance, domestic violence, Children’s Court, deceased estates, Family Advocate services, divorces and a help desk. The Divorce Courts form an integral and important part of the Family
Court Pilot Project. These courts were originally instituted in 1929 to entertain divorce actions between black people. These so-called Black Divorce Courts were established under section 10 of the Black Administration Act (38 of 1927) and the Black Administration Amendment Act (9 of 1929).