Download or read book Native Common Law of Immovable Property in South Africa written by Alastair James Kerr and published by . This book was released on 1953 with total page 86 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Native Common Law of Immovable Property in South Africa with an Examination of Legislation in Forces in the Ciskeian Territories written by Alastair James Kerr and published by . This book was released on 1953 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Native Common Law of Immovable Property in South Africa With an Examination of Legislation in Force in the Ciskeian Territories of the Cape Province Excluding the District of Glen Grey written by Alastair James Kerr and published by . This book was released on 1953 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Customary Law of Immovable Property and of Succession written by Adam J. Kerr and published by . This book was released on 1990 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Land Law and Chiefs in Rural South Africa written by William Beinart and published by Wits University Press. This book was released on 2021-05-01 with total page 294 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 The Native Common Law of Immovable Property written by Alastair James Kerr and published by . This book was released on 1953 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Land Title in South Africa written by D. L. Carey Miller and published by Juta. This book was released on 2000 with total page 728 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This important new work is the first comprehensive survey of South African land law following the sweeping land reforms enacted during the past decade. It considers the substance and working of these reforms in the context of the pre-existing common law and legislation. An outline of the main features of the South African landholding before 1990 is followed in a detailed discussion of the established procedures of registration, prescription nad alternative forms of title. Registration in terms of the Deeds Registries Act remains a fundamental aspect of the acquisistion of real rights in land, and chapters dealing with these subjects constitute an authoritative source of reference for the property practitioner and conveyancer, the consultant and developer. They revise and update the corresponding chapters from The Acquisition and protection of Ownership (Juta, 1986) by the same author, which is relied upon by practitioners and the courts as a standard reference in the field of property law. The land reform programme is examined in the context of these pre-existing procedures, and with reference to the history of discriminatory landholding and constitutional property provisions. The result is a coherent account of land title in South Africa at the end of the 20th century."
Download or read book The Common Law of South Africa written by Manfred Nathan and published by . This book was released on 1907 with total page 1094 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Aboriginal Customary Law A Source of Common Law Title to Land written by Ulla Secher and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 667 pages. Available in PDF, EPUB and Kindle. Book excerpt: Described as 'ground-breaking' in Kent McNeil's Foreword, this book develops an alternative approach to conventional Aboriginal title doctrine. It explains that aboriginal customary law can be a source of common law title to land in former British colonies, whether they were acquired by settlement or by conquest or cession from another colonising power. The doctrine of Common Law Aboriginal Customary Title provides a coherent approach to the source, content, proof and protection of Aboriginal land rights which overcomes problems arising from the law as currently understood and leads to more just results. The doctrine's applicability in Australia, Canada and South Africa is specifically demonstrated. While the jurisprudential underpinnings for the doctrine are consistent with fundamental common law principles, the author explains that the Australian High Court's decision in Mabo provides a broader basis for the doctrine: a broader basis which is consistent with a re-evaluation of case-law from former British colonies in Africa, as well as from the United States, New Zealand and Canada. In this context, the book proffers a reconceptualisation of the Crown's title to land in former colonies and a reassessment of conventional doctrines, including the doctrine of tenure and the doctrine of continuity. 'With rare exceptions ... the existing literature does not probe as deeply or question fundamental assumptions as thoroughly as Dr Secher does in her research. She goes to the root of the conceptual problems around the legal nature of Indigenous land rights and their vulnerability to extinguishment in the former colonial empire of the Crown. This book is a formidable contribution that I expect will be influential in shifting legal thinking on Indigenous land rights in progressive new directions.' From the Foreword by Professor Kent McNeil (to read the Foreword please click on the 'sample chapter' link).
Download or read book The Customary Law of Immovable Property and of Succession written by Alastair James Kerr and published by . This book was released on 1976 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Aboriginal Customary Law A Source of Common Law Title to Land written by Ulla Secher and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 542 pages. Available in PDF, EPUB and Kindle. Book excerpt: Described as 'ground-breaking' in Kent McNeil's Foreword, this book develops an alternative approach to conventional Aboriginal title doctrine. It explains that aboriginal customary law can be a source of common law title to land in former British colonies, whether they were acquired by settlement or by conquest or cession from another colonising power. The doctrine of Common Law Aboriginal Customary Title provides a coherent approach to the source, content, proof and protection of Aboriginal land rights which overcomes problems arising from the law as currently understood and leads to more just results. The doctrine's applicability in Australia, Canada and South Africa is specifically demonstrated. While the jurisprudential underpinnings for the doctrine are consistent with fundamental common law principles, the author explains that the Australian High Court's decision in Mabo provides a broader basis for the doctrine: a broader basis which is consistent with a re-evaluation of case-law from former British colonies in Africa, as well as from the United States, New Zealand and Canada. In this context, the book proffers a reconceptualisation of the Crown's title to land in former colonies and a reassessment of conventional doctrines, including the doctrine of tenure and the doctrine of continuity. 'With rare exceptions ... the existing literature does not probe as deeply or question fundamental assumptions as thoroughly as Dr Secher does in her research. She goes to the root of the conceptual problems around the legal nature of Indigenous land rights and their vulnerability to extinguishment in the former colonial empire of the Crown. This book is a formidable contribution that I expect will be influential in shifting legal thinking on Indigenous land rights in progressive new directions.' From the Foreword by Professor Kent McNeil (to read the Foreword please click on the 'sample chapter' link).
Download or read book Defining the Property Rights of Others written by Heinz Klug and published by . This book was released on 1995 with total page 50 pages. Available in PDF, EPUB and Kindle. Book excerpt: Describes the precedent posed by the Ingonyama Trust in KwaZulu-Natal, and examines the Hermansberg (Hermannsburg) Mission Society v Commissioner of Native Affairs and Darius Mogale court case of 1906 to illustrate the problems that could be caused by erroneous construction of indigenous law, and the 'customary tenure' concept.
Download or read book Lost Lands written by Manuela Zips-Mairitsch and published by LIT Verlag Münster. This book was released on 2013 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: Indigenous peoples in international law --Historical overview --"Indigenous peoples" : term, concepts, and definitions --Differentiation from the term "Minority" --Special indigenous rights or special circumstances? : indigenous protection standards, rights of freedom, and self-determination --Sources of law --Binding norms --ILO convention 169 --UN convention on biological diversity --"Soft law" instruments --Agenda 21, chapter 26 (1992) --UN declaration on the rights of indigenous peoples --Declarations and policies of various international bodies --Indigenous rights as part of customary international law --"Sources of Life" : lands and natural resources --Material standards of protection --Cause of action --The relationship between indigenous peoples and their territories --Collective land rights --Scope of indigenous territories --Restriction of alienation and disposal --Universal human rights treaties --Right of ownership --Right to culture --Right to private and family life --Jurisdiction of international monitoring bodies --Human rights committee --Committee on the elimination of racial discrimination --Sources of freedom and equality : self-determination --"Being indigenous in Africa" : legal developments of indigenous peoples law in Africa --Historical overview --Nature conservation v. human rights protection --African initiatives for the protection of indigenous rights --"Indigenous peoples in Africa" : applying the concept --Indigenous rights in the African context --Regional indigenous rights --The African charter on human and peoples' rights --The African commission on human and peoples' rights --The African court on human and peoples' rights --National indigenous rights --Selected constitutional guarantees --Jurisdiction using the example of South Africa --The case of the ... Khomani San --Richtersveld case --Excursus : "Aboriginal title" --"Aboriginal title" before the South African constitutional --Court --"Hoodia Gordonii" case --Legal perspectives of San Communities --Terminology : San, "Bushmen", Basarwa, Khoesan, N/oakwe or Kwe? --Historical overview until the end of colonial times --Regional historical differences --Botswana --Namibia --South Africa --The "Northern San" --Refiections on indigenous legal perspectives and world views --Botswana : state and society --Sociopolitical history --Pre-colonial phase --Protectorate bechuanaland --Republic of botswana --Sources of law and legal pluralism --Constitutional law --Customary law --Common and statutory law --International law --Fundamental and human rights --San in Botswana --San as citizens : Basarwa and/or Batswana? --Dominant views of the San in Botswana --Development policies --Remote area development programme --Community based natural resource management --Development : nature conservation : a contradiction? --NGO initiatives --National San NGOs --Regional San NGOs --"The lost lands" : relocation from the central Kalahari game reserve --History of the central Kalahari game reserve --The relocation of the G wi and Gana (San) --The legal dispute over the (temporarily?) "Lost lands" --Roy Sesana v. government of Botswana --Termination of basic and essential services --Restoration of basic and essential services --Lawful occupation --Deprivation of land possession --Special game licences --Access to the central Kalahari game reserve (CKGR) --Conclusions --Consequences of the high Court's decision : summary --The legal dispute over access to water --Matsipane Mosetlhanyane, Gakenyatsiwe Matsipane & further applicants v. Attorney general of Botswana --Matsipane Mosetlhanyane & Gakenyatsiwe Matsipane v. Attorney General of Botswana, court of appeal --Consequences of the courts' decisions : summary --Conclusion --The return of the outlaws : an Epilogue by Werner zips --Appendix --Examples of indigenous peoples in Africa (not exhaustive!) --Abbreviations --Bibliography --(Selected) legal texts --International instruments --National laws, regulations and policies --Court cases --Interviews --Index of figures --Index --About the authors.
Download or read book South African Law Reports Cases Decided in the Orange Free State Provincial Division of the Supreme Court of South Africa written by P. U. Fischer and published by . This book was released on 1915 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Report of the Commission with Annexures and Appendices Appendix C Minutes of evidence taken in the Cape Colony and the Transkeian Territories written by South African Native Affairs Commission and published by . This book was released on 1904 with total page 1302 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Report of the Commission with Annexures and Appendices written by South African Native Affairs Commission and published by . This book was released on 1905 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Law Times written by and published by . This book was released on 1900 with total page 660 pages. Available in PDF, EPUB and Kindle. Book excerpt:
