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 350
... version of custom and tradition . State - sanctioned versions of ethnic identity and chiefly power are likely to have consequences far beyond high - profile deals over valuable land . They will also impact on whether traditional ...
... version of custom and tradition . State - sanctioned versions of ethnic identity and chiefly power are likely to have consequences far beyond high - profile deals over valuable land . They will also impact on whether traditional ...
Page 363
... version of custom as law . Once chiefly versions of customary law were reduced to writing by anthropologists and state ethnologists and embodied in precedent - setting judgments , they became even more impervious to competing versions ...
... version of custom as law . Once chiefly versions of customary law were reduced to writing by anthropologists and state ethnologists and embodied in precedent - setting judgments , they became even more impervious to competing versions ...
Page 371
... versions of customary law in tribal courts overseen by traditional leaders , or in formal courts which are precedent - driven and rely on past judgments that upheld colonial and apartheid versions of customary law . In addition , as ...
... versions of customary law in tribal courts overseen by traditional leaders , or in formal courts which are precedent - driven and rely on past judgments that upheld colonial and apartheid versions of customary law . In addition , as ...
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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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