Download or read book Land Law and Chiefs in Rural South Africa written by William Beinart and published by NYU Press. This book was released on 2021-05-01 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited collection illustrates contestations over land and political authority in South Africa’s rural areas, focusing on threats to popular rights and how they are being supported. Who controls the land and minerals in the former Bantustans of South Africa - chiefs, the state or landholders? Disputes are taking place around the ownership of resources, decisions about their exploitation and who should benefit. With respect to all of these issues, the courts have become increasingly important. The contributors to Land, Law and Chiefs in Rural South Africa capture some of these intense contestations over land, law and political authority, focussing on threats to the rights of ordinary people. History and customary law feature strongly in most disputes and succession to chieftaincy is also frequently disputed. Judges have to make decisions in a context where rival claimants to property or office assert their own versions of history and custom. The South African constitution recognizes customary law and the courts are attempting to incorporate and develop this branch of jurisprudence as ‘living customary law’. Lawyers, community leaders and academics are called on to assist in researching cases around restitution, land rights and customary law. The chapters in this collection discuss legal cases and policy directions that have evolved since 1994. Some chapters analyze the increasing power of chiefs in the South African rural areas, while others suggest that the courts are giving support to popular rights over land and supporting local democratic processes. Contributors record significant pushback from groups that reject traditional authority. These political tensions are a central theme of the collection and thus serve as vital case studies in furthering our understanding of rights and restitution in South Africa.
Download or read book Land Law and Chiefs in Rural South Africa written by William Beinart and published by NYU Press. This book was released on 2021-05-01 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited collection illustrates contestations over land and political authority in South Africa’s rural areas, focusing on threats to popular rights and how they are being supported.
Download or read book Democracy Compromised written by Lungisile Ntsebeza and published by BRILL. This book was released on 2005-06-01 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that the promulgation of the Traditional Leadership and Governance Framework and Communal Land Rights Acts runs the risk of compromising South Africa's democracy. The acts establish traditional councils with land administration powers. These structures are dominated by unelected members.
Download or read book African Land Reform Under Economic Liberalisation written by Shinichi Takeuchi and published by Springer Nature. This book was released on 2021-10-10 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book offers unique in-depth, comprehensive, and comparative analyses of the motivations, context, and outcomes of recent land reforms in Africa. Whereas a considerable number of land reforms have been carried out by African governments since the 1990s, no systematic analysis on their meaning has so far been conducted. In the age of land reform, Africa has seen drastic rural changes. Analysing the relationship between those reforms and change, the chapters in this book reveal not only their socio-economic outcomes, such as accelerated marketisation of land, but also their political outcomes, which have often been contrasting. Countries such as Rwanda and Mozambique have utilised land reform to strengthen state control over land, but other countries, such as Ghana and Zambia, have seen the rise in power of traditional chiefs in managing the land. The comparative perspective of this book clarifies new features of African social changes, which are carefully investigated by area experts. Providing new perspectives on recent land reform, this book will have a considerable impact on scholars as well as policymakers.
Download or read book Chiefs in South Africa written by NA NA and published by Springer. This book was released on 2016-09-23 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the ongoing resurgence of traditional power structures in South Africa. Oomen assesses the relation between the changing legal and socio-political position of traditional authority and customary law and what these changes can teach us about the interrelation between law, politics, and culture in the post-modern world.
Download or read book Land Power Custom written by Aninka Claassens and published by . This book was released on 2008 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: Accompanying DVD-ROM contains ... "current and historical legislation affecting communal land and affidavits by rural applicants, state officials and traditional leaders in pending litigation concerning land rights and chiefly power"--Page 4 of cover.
Download or read book Local case studies in African land law written by Robert Home and published by PULP. This book was released on 2011 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Gaining Ground written by Deborah James and published by Routledge. This book was released on 2007-03-12 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mugabe's policy of land seizures in Zimbabwe raised concerns in South Africa. Set amidst these conflicts, Gaining Ground? shows how land reform policy and practice in post-apartheid South Africa has been produced and contested. Winner of the inaugural Elliott P. Skinner Book Award of the Association of Africanist Anthropology, 2008
Download or read book Tradition on the Move written by Barbara Oomen and published by . This book was released on 2000 with total page 80 pages. Available in PDF, EPUB and Kindle. Book excerpt: NiZA-CAHIER v. 6
Download or read book Evolving Land Rights Policy and Tenure in Africa written by Camilla Toulmin and published by IIED. This book was released on 2000 with total page 5 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Land Law in African Countries written by Oleg Igorevich Krassov and published by XSPO . This book was released on with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: The monograph studies the key aspects of land law of African countries, customary land tenure laws, customary rights to water, forest, cattle grazing; the influence of colonial epoch on customary land tenure systems, and the rights of African women to land. Characteristic features of land and water rights under Islamic law are provided. The current state of formal land law in the countries of North, West, Central, and East Africa is analyzed, including the following: the right of ownership to land and other natural resources, types of various rights to land and natural resources, and the relationship of formal law and customary land tenure systems. For students, graduate students and teachers of law schools, employees of legislative, executive and judicial authorities, as well as for all those interested in land, civil law and comparative legal studies.
Download or read book Land Matters written by Tembeka Ngcukaitobi and published by Penguin Random House South Africa. This book was released on 2021-04-01 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why has land reform been such a failure in South Africa? Will expropriation without compensation solve the problem? What can be done to get the land programme back on track? In Land Matters, Tembeka Ngcukaitobi tackles the past, present and future of the land question in South Africa. Going back in history, he shows how Africans’ communal systems of landownership were used by colonial rulers to deny that Africans owned the land at all. He explores the effects of the Land Acts, Bantustans and forced removals. And he evaluates the ANC’s policies on land throughout the struggle years, during the negotiations of the 1990s, and in government. Land Matters unpacks the government’s achievements and failures in land redistribution, restitution and tenure reform, and makes suggestions for what needs to be done in future. The book also explores the power of chiefs, the tension between communal landownership and the desire for private title, the failure of the willing-seller, willing-buyer approach, women and land reform, the role of banks, and the debates around amending the Constitution. Steering clear of the simplistic and polarising terms of the land debate, Ngcukaitobi argues for a return to the nuanced constitutional requirements of justice and equity in South Africa’s land policy. Thoughtful and provocative, Land Matters sheds light on one of the most topical, complex and urgent issues in South Africa today.
Download or read book South Africa s Troubled Royalty written by Christina Murray and published by . This book was released on 2004 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the text of the sixth Geoffrey Sawer Lecture given by Professor Murray on 7 November 2003, in which she discusses South Africa's controversial attempts to accommodate traditional leaders in its democratic order.
Download or read book Traditional Leaders in a Democracy written by Skosana, Dineo and published by The Mapungubwe Institute for Strategic Reflection (MISTRA). This book was released on 2019-03-31 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: Post-1994, South Africa's traditional leaders have fought for recognition, and positioned themselves as major players in the South African political landscape. Yet their role in a democracy is contested, with leaders often accused of abusing power, disregarding human rights, expropriating resources and promoting tribalism. Some argue that democracy and traditional leadership are irredeemably opposed and cannot co-exist. Meanwhile, shifts in the political economy of the former bantustans − the introduction of platinum mining in particular − have attracted new interests and conflicts to these areas, with chiefs often designated as custodians of community interests. This edited volume explores how chieftancy is practised, experienced and contested in contemporary South Africa. It includes case studies of how those living under the authority of chiefs, in a modern democracy, negotiate or resist this authority in their respective areas. Chapters in this book are organised around three major sites of contest: leadership, land and law.
Download or read book Governance and Land Relations written by Liz Wily and published by IIED. This book was released on 2003 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Decentralization and Constitutionalism in Africa written by Charles M. Fombad and published by Oxford University Press. This book was released on 2019-09-10 with total page 673 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays assesses the efforts of African governments to constitutionalise decentralisation, be it in the form of federalism, local government or traditional authorities. Since the end of the Cold War jurisdictions across Africa have witnessed an ostensible return to multi-party democracy within the paradigm of constitutionalism and the rule of law. Linked to the democratisation process, many countries took steps to decentralize power by departing from the heavily centralized systems inherited from colonial regimes. The centralization of power, typically characterized by the personalization and concentration of power in the hands of leaders and privileged elites in capital cities, mostly resulted in repressive regimes and fragile states. As decentralisation is a response to these challenges, this volume analyses the dynamic relationship between the efforts to implement decentralization and presence or absence of constitutionalism. This volume examines a variety of forms and degrees of decentralization found across Africa. It advances a new understanding of trends and patterns and facilitates the exchange of ideas among African governments and scholars about the critical role that decentralisation may play in democratization of and constitutionalism in Africa.
Download or read book The State and the Paradox of Customary Law in Africa written by Olaf Zenker and published by Routledge. This book was released on 2018-02-02 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: Customary law and traditional authorities continue to play highly complex and contested roles in contemporary African states. Reversing the common preoccupation with studying the impact of the post/colonial state on customary regimes, this volume analyses how the interactions between state and non-state normative orders have shaped the everyday practices of the state. It argues that, in their daily work, local officials are confronted with a paradox of customary law: operating under politico-legal pluralism and limited state capacity, bureaucrats must often, paradoxically, deal with custom – even though the form and logic of customary rule is not easily compatible and frequently incommensurable with the form and logic of the state – in order to do their work as a state. Given the self-contradictory nature of this endeavour, officials end up processing, rather than solving, this paradox in multiple, inconsistent and piecemeal ways. Assembling inventive case studies on state-driven land reforms in South Africa and Tanzania, the police in Mozambique, witchcraft in southern Sudan, constitutional reform in South Sudan, Guinea’s long durée of changing state engagements with custom, and hybrid political orders in Somaliland, this volume offers important insights into the divergent strategies used by African officials in handling this paradox of customary law and, somehow, getting their work done.
