Chairperson, the hon Breytenbach has clearly illustrated that this Bill is unconstitutional due to the stubborn refusal of the ANC to head the legal advice that the removal of the opt-out clause has fatally wounded this Bill. However, other constitutional issues also bedevil this Bill.
Firstly, despite the fact that our Constitution guarantees every person accused of a crime the right to be defended by a lawyer during a criminal trial, the ANC has chosen to take away the right to legal representation when a traditional court hears a dispute turning on facts that points to criminal behaviour.
Now, the ANC has tried to explain this away by saying small claims courts, which of course never deal with criminal matters do not allow for legal representation