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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Page 22
There were important differences between the ways in which chiefs were enmeshed in bureaucratic authority in the Transkeian and Natal systems , but after Union in 1910 a more uniform system of ' native administration ' was created ...
There were important differences between the ways in which chiefs were enmeshed in bureaucratic authority in the Transkeian and Natal systems , but after Union in 1910 a more uniform system of ' native administration ' was created ...
Page 222
Chiefs were recognised and incorporated as the lowest rung of the administrative system . Customary law was also recognised provided that it was not ' repugnant to the general principles of humanity ' ( Costa , 1999 : 45 ) .
Chiefs were recognised and incorporated as the lowest rung of the administrative system . Customary law was also recognised provided that it was not ' repugnant to the general principles of humanity ' ( Costa , 1999 : 45 ) .
Page 229
However , the mounting resistance that officials encountered in their attempts to implement betterment ' and ' rehabilitation ' led some to rethink the role of chiefs . In 1945 , for example , state ethnologist NJ van Warmelo argued ...
However , the mounting resistance that officials encountered in their attempts to implement betterment ' and ' rehabilitation ' led some to rethink the role of chiefs . In 1945 , for example , state ethnologist NJ van Warmelo argued ...
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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
Bibliographic information
| Title | Land, Power & Custom: Controversies Generated by South Africa's Communal Land Rights Act |
| Editors | Aninka Claassens, Ben Cousins |
| Edition | illustrated |
| Publisher | Ohio University Press, 2008 |
| Original from | The Ohio State University (MORITZ LAW LIBRARY) |
| Digitized | 20 Apr 2015 |
| ISBN | 0821418734, 9780821418734 |
| Length | 392 pages |
| Subjects | › › › History / Africa / South / Republic of South Africa |
| Export Citation | BiBTeX EndNote RefMan |