Land, Power & Custom: Controversies Generated by South Africa's Communal Land Rights ActLand 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. |
From inside the book
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The timing and the content of the Traditional Courts Bill underline the importance of the current challenge to the constitutionality of the Communal Land Rights Act and the Traditional Leadership and Governance Framework Act . There are ...
The timing and the content of the Traditional Courts Bill underline the importance of the current challenge to the constitutionality of the Communal Land Rights Act and the Traditional Leadership and Governance Framework Act . There are ...
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Tenure reform in communal areas must also be feasible to implement, by state institutions that face many challenges, including that of their own limited capacity. The debates that have raged since 1994 over how best to reform communal ...
Tenure reform in communal areas must also be feasible to implement, by state institutions that face many challenges, including that of their own limited capacity. The debates that have raged since 1994 over how best to reform communal ...
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This enables readers to consider the full range of competing arguments made by the parties involved in the challenge . A key aim of this book is to enable and promote public debate about the Communal Land Rights Act . The legal ...
This enables readers to consider the full range of competing arguments made by the parties involved in the challenge . A key aim of this book is to enable and promote public debate about the Communal Land Rights Act . The legal ...
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Contents
dilemmas of communal tenure | 3 |
The Act and the legislative procedure | 33 |
the Communal Land | 72 |
Copyright | |
12 other sections not shown
Other editions - View all
Land, Power & Custom: Controversies Generated by South Africa's Communal ... Aninka Claassens,Ben Cousins No preview available - 2008 |
Common terms and phrases
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