The village courts system has a number of strengths that form a solid foundation on which future improvements can be made.  These strengths, as described in the Village Courts Policy 2001 and reproduced here, include:

q          Adaptability. 

Village courts are local courts in the true sense, constituted by local people for local people.  Thus, they have the capacity to adapt to the needs of the community they serve. 

q          Endurance.  

Many village courts are still operating despite limited government support.

q          Accessibility.

  Village Courts are local, relatively cost free and open to all members of the community.  Matters can be heard without delay.  People do not have to wait long periods of time for hearings.  Hearings are conducted within the local community.  This usually means people are not required to travel great distances or indeed leave their village. 

q          Custom. 

The use of custom to resolve disputes. In the village court, customary law has precedence over all other law except the Constitution.  The people accept and respect customary law as a means to settle disputes.

q          Language. 

There is no language barrier.  As a rule all those in a dispute speak a common language.

q          Non-adversarial. 

The courts are not restricted by the rules of evidence.  The court can seek evidence from any source that it considers useful.  Mediation is the preferred mode of resolving disputes.

q          Personnel. 

There is respect for the tribunal.  The magistrates are selected from the local community on the basis of their knowledge of custom, respect and fairness.  There are many effective village court officers in provinces. Village court officials have a community interest in the success of their court.

q          Support. 

All levels of government support the courts.

While the village court system is poor in financial terms it is rich in human resources.  The abiding endorsement it receives from all levels of society provides a strong platform on which to improve its functionality.  It provides a community service where the formal court system cannot and does not reach.  Court officials are committed and enthusiastic and have demonstrated the capacity to respond quickly to training and guidance.  It could be said, the village courts system is very much alive but in need of a sustaining tonic.

Current Village Courts Issues Discussion

We use this discussion to record suggestions about the requirements for the village courts project. This area acts as an open forum on topics such as what should or shouldn't be included in the design. It also allows participants to engage in a public dialog regarding the merits of various requests for enhancements. Anyone is welcome to submit suggestions.

Sorry ... discussion board is still under development, but feel free to e-mail us with your comments.