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
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Page 138
... Official ' vs ' living ' customary law : dilemmas of description and recognition By Tom Bennett THE TRANSFORMATION OF CUSTOMARY LAW INTO AN ' OFFICIAL ' VERSION Land tenure is perhaps the most problematic topic in customary law ...
... Official ' vs ' living ' customary law : dilemmas of description and recognition By Tom Bennett THE TRANSFORMATION OF CUSTOMARY LAW INTO AN ' OFFICIAL ' VERSION Land tenure is perhaps the most problematic topic in customary law ...
Page 145
... official code . New and unrecorded customs were assumed to be at least similar , if not the same . Admittedly , litigants are not bound by the official code . They are free to contest whatever rules are adduced in court either in terms ...
... official code . New and unrecorded customs were assumed to be at least similar , if not the same . Admittedly , litigants are not bound by the official code . They are free to contest whatever rules are adduced in court either in terms ...
Page 204
... official in the Grahamstown Magistrate's Court + 7 reported that in more recent times the strict rules of male primogeniture were ignored and officials were willing to appoint females . Here the approach was to consult family members ...
... official in the Grahamstown Magistrate's Court + 7 reported that in more recent times the strict rules of male primogeniture were ignored and officials were willing to appoint females . Here the approach was to consult family members ...
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