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 18
In chapter 6 , Bennett distinguishes between ' official ' customary law , that version created by the state and the legal profession , and “ living customary law ' , those social practices considered obligatory and actually observed by ...
In chapter 6 , Bennett distinguishes between ' official ' customary law , that version created by the state and the legal profession , and “ living customary law ' , those social practices considered obligatory and actually observed by ...
Page 358
It considers the difficulties entailed in establishing the content of ' living customary law ' , and of integrating customary law and living law ' in particular with the formalist requirements and assumptions of the dominant South ...
It considers the difficulties entailed in establishing the content of ' living customary law ' , and of integrating customary law and living law ' in particular with the formalist requirements and assumptions of the dominant South ...
Page 360
However , Constitutional Court judgments go on to differentiate between ' codified customary law and the “ living customary law practised on the ground . In the Bhe case dealing with the inheritance rights of women , Langa CJ says ( in ...
However , Constitutional Court judgments go on to differentiate between ' codified customary law and the “ living customary law practised on the ground . In the Bhe case dealing with the inheritance rights of women , Langa CJ says ( in ...
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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 |