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 96
This has been particularly evident in relation to the manner in which indigenous law determines access to land as well as control and administration of land. This chapter examines that struggle and argues that unless indigenous law is ...
This has been particularly evident in relation to the manner in which indigenous law determines access to land as well as control and administration of land. This chapter examines that struggle and argues that unless indigenous law is ...
Page 99
Fourthly , the fact that public policy continues to by - pass indigenous land administration systems and institutions has contributed , to no small extent , to social instability in many parts of rural Africa .
Fourthly , the fact that public policy continues to by - pass indigenous land administration systems and institutions has contributed , to no small extent , to social instability in many parts of rural Africa .
Page 104
the recognition of indigenous law as a legitimate component of Kenya's national legal system . Similarly , the Constitutional Court of South Africa , in a more recent case , has reaffirmed the legitimacy of indigenous law in that ...
the recognition of indigenous law as a legitimate component of Kenya's national legal system . Similarly , the Constitutional Court of South Africa , in a more recent case , has reaffirmed the legitimacy of indigenous law in that ...
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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 |