Land, Power & Custom: Controversies Generated by South Africa's Communal Land Rights Act
Aninka Claassens, Ben Cousins
Ohio University Press, 2008 - History - 392 pages
Land tenure rights are a burning issue in South Africa, as in Africa more widely. Land, Power, and Custom explores the implications of the controversial 2004 Communal Land Rights Act, criticized for reinforcing the apartheid power structure and ignoring the interests of the common people. This compilation of essays and case studies written by experts navigates through competing viewpoints to discuss the tensions between the new democratic government and traditional tribal leaders, the land rights of affected yet isolated or marginalized groups, and concerns about the constitutionality of the CLRA itself.
A DVD accompanying the book contains the affidavits of four communities challenging the Act, pleadings, hearings, and submissions, as well as the entire body of South African legislation involved in this challenge, dating back to the late nineteenth century.
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dilemmas of communal tenure
The Act and the legislative procedure
the Communal Land
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According allocation apartheid application areas Bill Black boundaries challenge chapter chiefs Claassens claims colonial Communal Land Rights concerned Constitution context continue court created custom customary law deal deeds Department described determine discussed effect elected established example existing fields Framework functions given headman held historical impact important indigenous individual institutions interests involvement issue jurisdiction Kalkfontein land administration committee Land Affairs Land Rights Act land tenure legislation living Makuleke meeting minister Native nature official order rights ownership particular person political practice problems protection provincial question recognised referred reform registered relation responsibility restitution role rules rural says social society South Africa status structures Studies traditional authorities traditional councils traditional leaders Traditional Leadership transfer tribal authority Trust University versions Village women