Land, Power & Custom: Controversies Generated by South Africa's Communal Land Rights ActAninka Claassens, Ben Cousins 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. |
From inside the book
Results 1-3 of 79
Page 76
... determine whether or not a particular Bill has ' regard to any matter ' in Schedule 4 or ' falls within a functional area ' listed in the Schedule . Some Bills are easy to classify . For instance , those that deal with defence are ...
... determine whether or not a particular Bill has ' regard to any matter ' in Schedule 4 or ' falls within a functional area ' listed in the Schedule . Some Bills are easy to classify . For instance , those that deal with defence are ...
Page 77
... determine whether or not the land in question should be transferred to the community . The land will then be registered in the name of the community . The Act also anticipates the establishment of ' Land Rights Boards ' which have ...
... determine whether or not the land in question should be transferred to the community . The land will then be registered in the name of the community . The Act also anticipates the establishment of ' Land Rights Boards ' which have ...
Page 86
... determine the procedure . A court's only task is to determine if the procedure that has been followed can be said in the circumstances to have met the obligation to ' facilitate public involvement ' . The requirements of ' public ...
... determine the procedure . A court's only task is to determine if the procedure that has been followed can be said in the circumstances to have met the obligation to ' facilitate public involvement ' . The requirements of ' public ...
Contents
dilemmas of communal tenure | 3 |
An overview of the Communal Land Rights Act 11 of 2004 | 35 |
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
affidavit apartheid Bantu Authorities Bantu Authorities Act Bantustan boundaries challenge chapter chiefly power chiefs Claassens claims colonial Communal Land Rights community rules Constitution context court customary law Delius Department of Land disputes Dixie Fingo Village Governance Framework Act headman impact indigenous law individual institutions issue jurisdiction Kalkfontein KwaZulu-Natal Land Act land administration committee Land Affairs land allocation Land and Agrarian Land Rights Act Land Rights Bill land tenure Leadership and Governance legislation Makuleke Mayaeyane Mhinga minister Mmotwaneng Mnisi Mpumalanga National Native Native Administration Act NCOP Okoth-Ogendo old order rights organisation ownership pith and substance political practice provincial Rabula recognised registered relation residential restitution role rural areas social South Africa structures tenure reform tenure security traditional authorities traditional councils traditional leaders Traditional Leadership transfer tribal authority Trust and Land Tswana undermine versions of customary Western Cape women