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 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 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 South Africa written by South African Native Affairs Commission and published by . This book was released on 1904 with total page 1298 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Indigenous Land Rights in Israel written by Morad Elsana and published by Routledge. This book was released on 2020-11-29 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introducing the Negev–Bedouin land issue from the international indigenous land rights perspective, this comparative study suggests options for the recognition of their land. The book demonstrates that the Bedouin land dispossession, like many indigenous peoples’, progressed through several phases that included eviction and displacement, legislation, and judicial decisions that support acts of dispossession and deny the Bedouin’s traditional land rights. Examining the Mawat legal doctrine on which the State and the Court rely on to deny Bedouin land rights, this volume introduces the relevant international law protecting indigenous land rights and shows how the limitations of this law prevent any meaningful protection of Bedouin land rights. In the second part of the work, the Aborigines’ land in Australia is introduced as an example of indigenous peoples' successful struggle for their traditional land rights. The final chapter analyzes the basic elements of judicial recognition of the land and shows that the basic elements needed for Bedouin land recognition exist in the Israeli legal system. Proposing practical recommendations for the recognition of Bedouin land, this volume is a key resource to scholars and students interested in land rights, international law, comparative studies, and the Middle East.

Download or read book Essays in African Land Law written by Robert Home (College teacher) and published by PULP. This book was released on 2011 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Indigenous Peoples Customary Law and Human Rights Why Living Law Matters written by Brendan Tobin and published by Routledge. This book was released on 2014-08-27 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: This highly original work demonstrates the fundamental role of customary law for the realization of Indigenous peoples’ human rights and for sound national and international legal governance. The book reviews the legal status of customary law and its relationship with positive and natural law from the time of Plato up to the present. It examines its growing recognition in constitutional and international law and its dependence on and at times strained relationship with human rights law. The author analyzes the role of customary law in tribal, national and international governance of Indigenous peoples’ lands, resources and cultural heritage. He explores the challenges and opportunities for its recognition by courts and alternative dispute resolution mechanisms, including issues of proof of law and conflicts between customary practices and human rights. He throws light on the richness inherent in legal diversity and key principles of customary law and their influence in legal practice and on emerging notions of intercultural equity and justice. He concludes that Indigenous peoples’ rights to their customary legal regimes and states’ obligations to respect and recognize customary law, in order to secure their human rights, are principles of international customary law, and as such binding on all states. At a time when the self-determination, land, resources and cultural heritage of Indigenous peoples are increasingly under threat, this accessible book presents the key issues for both legal and non-legal scholars, practitioners, students of human rights and environmental justice, and Indigenous peoples themselves.

Download or read book Indigenous Peoples Rights in Southern Africa written by Robert K. Hitchcock and published by IWGIA. This book was released on 2004 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is concerned with the first peoples (those people who are considered indigenous by themselves and others) of southern Africa such as the San, the Nama, and the Khoi, and their rights. Although living in democratic countries like Namibia, South Africa, Zimbabwe, and Botswana --and in principle sharing the same rights and responsibilities as the rest of the population--practice shows that these peoples more often than not are at the margins of the societies in which they live; they often face extreme poverty, and they frequently are subjected to discriminatory treatment and exposed to all kinds of human rights abuses. Robert K. Hitchcock is professor of anthropology and geography at the University of Nebraska-Lincoln, USA. He has done extensive research and development work in southern Africa in general and among San peoples in particular. Diana Vinding is an anthropologist working with the International Work Group for Indigenous Affairs (IWGIA) in Copenhagen.

Download or read book South African Law Reports Orange Free State Provincial Division written by and published by . This book was released on 1912 with total page 796 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Debates of the Legislative Council of the Colony of Natal written by Natal (South Africa). Legislative Council and published by . This book was released on 1888 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Statutes of the Union of South Africa written by South Africa and published by . This book was released on 1927 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The UN Declaration on the Rights of Indigenous Peoples written by Jessie Hohmann and published by Oxford University Press. This book was released on 2018 with total page 657 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Declaration on the Rights of Indigenous Peoples set key standards for the treatment of indigenous people, and has significantly developed how indigenous rights are viewed and enforced. This commentary thematically assesses all aspects of the Declaration's provisions, providing an overview of its impact.--

Download or read book A Study of Mixed Legal Systems Endangered Entrenched or Blended written by Sue Farran and published by Routledge. This book was released on 2016-03-16 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Study of Mixed Legal Systems: Endangered, Entrenched, or Blended takes the reader on a fascinating voyage of discovery. It includes case studies of a number of systems from across the globe: Cyprus, Guyana, Jersey, Mauritius, Philippines, Quebec, St Lucia, Scotland, and Seychelles. Each combines its legal legacies in novel ways. Large and small, in Europe and beyond, some are sovereign, some part of larger political units. Some are monolingual, some bilingual, some multilingual. Along with an analytical introduction and conclusion, the chapters explore the manner in which the elements of these mixed systems may be seen to be ’entrenched’, ’endangered’, or ’blended’. It explores how this process of legal change happens, questions whether some systems are at greater risk than others, and details the strategies that have been adopted to accelerate or counteract change. The studies involve consideration of the colourful histories of the jurisdictions, of their complex relationships to parent legal systems and traditions, and of language, legal education and legal actors. The volume also considers whether the experiences of these systems can tell us something about legal mixtures and movements generally. Indeed, the volume will be helpful both for scholars and students with a special interest in mixed legal systems as well as anyone interested in comparative law and legal history, in the diversity and dynamism of law.

Download or read book South African Native Affairs Commission 1903 1905 written by South African Native Affairs Commission and published by . This book was released on 1905 with total page 612 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book South African Law Journal written by and published by . This book was released on 1906 with total page 624 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Statutes of Natal written by Natal Colony (South Africa) and published by . This book was released on 1902 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Building African Futures written by Kuukuwa Manful and published by iwalewa books. This book was released on 2023-08-11 with total page 59 pages. Available in PDF, EPUB and Kindle. Book excerpt: How do young African professionals imagine a future for the continent’s cities? Building African Futures presents ten essays by young architects, urban planners and activists that offer innovative solutions to big challenges, including housing shortages, informality, legal roadblocks and misunderstandings between architects, policy-makers and local people. Their ideas are grounded yet transformative. They reflect the authors’ direct experiences across a range of African cities, but the issues they speak to resonate across the continent. This collection is a rich resource for urban activists, built environment professionals, local governments and a general audience with an interest in African urbanism. The manifestoes were presented in September 2022 during a symposium in Accra titled “Reimagining African Futures through Transformative Urbanism and Architecture”, organised by the African State Architecture (ASA) project, SOAS, University of London; the African Futures Institute (AFI) and the Institute for African Studies (IAS), University of Ghana. Edited by Kuukuwa Manful, Emmanuel Ofori-Sarpong, Julia Gallagher Contributors: Fiona Nyadero, Bamusi Abdullah Nankumba, Korkor Agah, Mandisa Lusanda Shandu, Maxmillian Julius Chuhila, Ngonga Kapalu, Olufèmi Hinson Yovo, Enitan Oloto, Tolulope Ajobiewe, Chan Simon. Book Design: Annertey (David Abbey-Thompson), Accra; Copyediting: The editors and iwalewabooks; Proofreading: The editors and iwalewabooks; Printer: Colour Connection GmbH, Frankfurt a.M; Typeset: Raleway, Roboto; ISBN: 978-3-947902-28-6