An Assessment of the Legitimacy and Limits of Indigenous Authority in South Africa.

This article assesses the legitimacy and limits of indigenous authority in South Africa by examining its constitutional alignment, historical evolution, and challenges arising from abuses of traditional power, particularly corporal punishment. Grounded in Indigenous Knowledge Systems (IKS) and employing a doctrinal methodology framed by the Human Rights-Based Approach (HRBA) and African Renaissance theory, it critically analyzes the tensions between customary law and constitutional democracy through the landmark case of Dalindyebo v S. The study highlights how colonial and apartheid-era distortions transformed traditional leadership from participatory, restorative governance into authoritarian structures that sometimes violate constitutional rights such as dignity, equality, and bodily integrity. It argues for a model of indigenous governance that is both constitutionally compliant and rooted in authentic African jurisprudential values, emphasizing the need to reform customary practices to uphold human rights while preserving cultural integrity. The article contributes to debates on legal pluralism, decolonization, and the reimagining of traditional leadership within South Africa’s democratic framework.