A balance needed to be struck and we are pleased that this balance is the one which will pass the constitutional muster. Clause 12 entails that internal remedies within the traditional legal system need to be exhausted before an appeal can be made to a magistrate's court. This, therefore, means that an aggrieved party is not denied his or her right to access the courts. In this way, the internal customary appeal structure is upheld and the section 34 right is not denied.