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 73
Page 78
... jurisdiction of the enacting legislature , other matters covered by the law , which may ordinarily not fall within the legislature's jurisdiction , are considered ' incidental ' and legitimately covered by the law . " 13 The South ...
... jurisdiction of the enacting legislature , other matters covered by the law , which may ordinarily not fall within the legislature's jurisdiction , are considered ' incidental ' and legitimately covered by the law . " 13 The South ...
Page 79
... jurisdiction of different levels of government , it may be appropriate to rely on a court's assessment of the appropriate extent of that jurisdiction . But the context in which the test is currently used in South Africa is very ...
... jurisdiction of different levels of government , it may be appropriate to rely on a court's assessment of the appropriate extent of that jurisdiction . But the context in which the test is currently used in South Africa is very ...
Page 317
... jurisdiction of the Mhinga Traditional Council . The Makuleke fear that the Communal Land Rights Act potentially undermines the status and security of the land rights they won through the restitution process and will enable Mhinga to ...
... jurisdiction of the Mhinga Traditional Council . The Makuleke fear that the Communal Land Rights Act potentially undermines the status and security of the land rights they won through the restitution process and will enable Mhinga to ...
Contents
dilemmas of communal tenure | 3 |
An overview of the Communal Land Rights Act 11 of 2004 | 35 |
the Communal Land | 72 |
Copyright | |
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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