Author: William Beinart
Publisher: NYU Press
ISBN: 1776146816
Category : Law
Languages : en
Pages : 249
Book Description
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.
Land, Law and Chiefs in Rural South Africa
Author: William Beinart
Publisher: NYU Press
ISBN: 1776146816
Category : Law
Languages : en
Pages : 249
Book Description
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.
Publisher: NYU Press
ISBN: 1776146816
Category : Law
Languages : en
Pages : 249
Book Description
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.
Land, Law and Chiefs in Rural South Africa
Author: William Beinart
Publisher: Wits University Press
ISBN: 1776146794
Category : Law
Languages : en
Pages : 294
Book Description
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.
Publisher: Wits University Press
ISBN: 1776146794
Category : Law
Languages : en
Pages : 294
Book Description
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.
Democracy Compromised
Author: Lungisile Ntsebeza
Publisher: BRILL
ISBN: 9047407903
Category : Social Science
Languages : en
Pages : 336
Book Description
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.
Publisher: BRILL
ISBN: 9047407903
Category : Social Science
Languages : en
Pages : 336
Book Description
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.
African Land Reform Under Economic Liberalisation
Author: Shinichi Takeuchi
Publisher: Springer Nature
ISBN: 9811647259
Category : Political Science
Languages : en
Pages : 215
Book Description
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.
Publisher: Springer Nature
ISBN: 9811647259
Category : Political Science
Languages : en
Pages : 215
Book Description
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.
Chiefs in South Africa
Author: NA NA
Publisher: Springer
ISBN: 1137064609
Category : History
Languages : en
Pages : 288
Book Description
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.
Publisher: Springer
ISBN: 1137064609
Category : History
Languages : en
Pages : 288
Book Description
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.
Land, Power & Custom
Author: Aninka Claassens
Publisher:
ISBN:
Category : Customary law
Languages : en
Pages : 414
Book Description
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.
Publisher:
ISBN:
Category : Customary law
Languages : en
Pages : 414
Book Description
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.
Local case studies in African land law
Author: Robert Home
Publisher: PULP
ISBN: 1920538011
Category : Law in general. Comparative and uniform law. Jurisprudence
Languages : en
Pages : 218
Book Description
Publisher: PULP
ISBN: 1920538011
Category : Law in general. Comparative and uniform law. Jurisprudence
Languages : en
Pages : 218
Book Description
Gaining Ground?
Author: Deborah James
Publisher: Routledge
ISBN: 1135308519
Category : Business & Economics
Languages : en
Pages : 299
Book Description
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
Publisher: Routledge
ISBN: 1135308519
Category : Business & Economics
Languages : en
Pages : 299
Book Description
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
Tradition on the Move
Author: Barbara Oomen
Publisher:
ISBN:
Category : Chiefdoms
Languages : en
Pages : 80
Book Description
NiZA-CAHIER v. 6
Publisher:
ISBN:
Category : Chiefdoms
Languages : en
Pages : 80
Book Description
NiZA-CAHIER v. 6
Evolving Land Rights, Policy and Tenure in Africa
Author: Camilla Toulmin
Publisher: IIED
ISBN: 1899825517
Category : Land reform
Languages : en
Pages : 5
Book Description
Publisher: IIED
ISBN: 1899825517
Category : Land reform
Languages : en
Pages : 5
Book Description