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 87
Page 43
... held land within the framework provided by the Constitution ; legally secure land tenure rights of communities and people ( including women , the disabled and the youth ) within the tenure system of their choice ; provide for the ...
... held land within the framework provided by the Constitution ; legally secure land tenure rights of communities and people ( including women , the disabled and the youth ) within the tenure system of their choice ; provide for the ...
Page 163
... held by individuals within communal areas . ( The law that was ultimately enacted remains similar in all material respects except that it is potentially ambiguous in relation to the role of traditional councils . ) 14 Women's ...
... held by individuals within communal areas . ( The law that was ultimately enacted remains similar in all material respects except that it is potentially ambiguous in relation to the role of traditional councils . ) 14 Women's ...
Page 171
... held by a married person is now deemed to be jointly held by his or her spouse . Land allocations to single women qualify as old order rights ; they derive from ( changing ) customary law and practice . The effect of s 4 ( 2 ) is that ...
... held by a married person is now deemed to be jointly held by his or her spouse . Land allocations to single women qualify as old order rights ; they derive from ( changing ) customary law and practice . The effect of s 4 ( 2 ) is that ...
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