A CONTROVERSIAL bill set to give traditional leaders new powers as officers of the court - a move fiercely opposed by civil society and gender activists - is to resume its journey through Parliament today.

The Traditional Courts Bill lapsed when the previous Parliament could not complete deliberations on it, but has been revived for finalisation. It is to be discussed over the next two days by the National Assembly's justice committee.

Last year, Parliament's joint monitoring committee on women rejected the bill as "not gender-sensitive" and sought in vain to be included in the justice committee's discussions. It argued that the 22 million South Africans who lived in rural areas were likely to find themselves "bound by the authority of traditional leaders, who have not been elected".

More specifically, the women's committee questioned whether rural women would receive "fair and equal treatment" in such courts.

When the bill was first tabled, the Department of Justice said it was intended to give more South Africans improved access to justice. The introduction to the bill states that it is intended to "affirm recognition of the traditional justice system and its values", to reinforce "restorative justice and reconciliation" and give proper structure to traditional courts. The department is to brief the justice committee again today.

Among the organisations gearing up to persuade MPs that not all of the bill's provisions may pass constitutionality tests are the Legal Resources Centre and the Law, Race and Gender Unit at the University of Cape Town.

A senior researcher at the unit, Sindiso Mnisi, said a key concern was that consultation in drawing up the bill had been insufficient.

"We are not opposed to traditional leadership, but hope to persuade the committee to consult wider, especially with women because they are the ones for whom the bill could have the most significant consequences," Mnisi said.

While the bill provides for gender equality, it does not take into account that women in traditional communities are seldom able to represent themselves or their husbands in court. "Often women are not even admitted into court spaces, especially widows in mourning," said Mnisi.

NGOs have also pointed out that the bill does not make provision for legal representation, although traditional courts would hear criminal matters. It would not allow rural people to "opt out" of the traditional system.

Parliament will nevertheless be under pressure to take on board demands by traditional leadership institutions, which President Jacob Zuma reiterated last week his government was determined to "strengthen".

Organisations last year also complained that the bill contained inadequate checks and balances on leaders' powers in such courts.

CHRISTELLE TERREBLANCHE