Land, Law and Chiefs in Rural South Africa

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Publisher : NYU Press
ISBN 13 : 1776146816
Total Pages : 249 pages
Book Rating : 4.7/5 (761 download)

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Book Synopsis Land, Law and Chiefs in Rural South Africa by : William Beinart

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.

Democracy Compromised

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Author :
Publisher : BRILL
ISBN 13 : 9047407903
Total Pages : 336 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis Democracy Compromised by : Lungisile Ntsebeza

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.

Land, Law and Chiefs in Rural South Africa

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Author :
Publisher : Wits University Press
ISBN 13 : 1776146794
Total Pages : 294 pages
Book Rating : 4.7/5 (761 download)

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Book Synopsis Land, Law and Chiefs in Rural South Africa by : William Beinart

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.

African Land Reform Under Economic Liberalisation

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Author :
Publisher : Springer Nature
ISBN 13 : 9811647259
Total Pages : 215 pages
Book Rating : 4.8/5 (116 download)

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Book Synopsis African Land Reform Under Economic Liberalisation by : Shinichi Takeuchi

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.

Chiefs in South Africa

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Publisher : Springer
ISBN 13 : 1137064609
Total Pages : 288 pages
Book Rating : 4.1/5 (37 download)

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Book Synopsis Chiefs in South Africa by : NA NA

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.

Land, Power & Custom

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Author :
Publisher :
ISBN 13 :
Total Pages : 414 pages
Book Rating : 4.3/5 (243 download)

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Book Synopsis Land, Power & Custom by : Aninka Claassens

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.

Local case studies in African land law

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Publisher : PULP
ISBN 13 : 1920538011
Total Pages : 218 pages
Book Rating : 4.9/5 (25 download)

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Book Synopsis Local case studies in African land law by : Robert Home

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:

Evolving Land Rights, Policy and Tenure in Africa

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Author :
Publisher : IIED
ISBN 13 : 1899825517
Total Pages : 5 pages
Book Rating : 4.8/5 (998 download)

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Book Synopsis Evolving Land Rights, Policy and Tenure in Africa by : Camilla Toulmin

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:

Land tenure reform in South Africa. A decolonial review

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Publisher : GRIN Verlag
ISBN 13 : 3346092526
Total Pages : 11 pages
Book Rating : 4.3/5 (46 download)

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Book Synopsis Land tenure reform in South Africa. A decolonial review by : Inolofatseng Lekaba

Download or read book Land tenure reform in South Africa. A decolonial review written by Inolofatseng Lekaba and published by GRIN Verlag. This book was released on 2020-01-08 with total page 11 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essay from the year 2016 in the subject African Studies - Culture and Applied Geography, grade: 80%, , language: English, abstract: The historical dispossession of ‘native’ land dates back to the colonial era and was reinforced and exacerbated by the apartheid Natives Land Act of 1913. The enactment of this Act saw the unequitable redistribution of land with black people only being afforded 7% of arable land. More significantly, the Act facilitated the creation of enclaves for the Black majority with the restriction on land ownership and socio-economic mobility (South African History Online, 2013). Hence, the democratic government from the year 1994 was faced with the monumental task of redressing this imbalance in land ownership and ensuring that the previously disadvantaged do not continue to be discriminated against with regards of land tenure in the country. However, land tenure reform for communal land has been marred with disputes pertaining to African tenure systems versus those influenced by colonial structures. In this regard, this paper seeks to highlight the need to decolonise communal land tenure reform for the improved implementation of rural development plans.

The Land Question in South Africa

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Publisher : HSRC Press
ISBN 13 : 9780796921635
Total Pages : 268 pages
Book Rating : 4.9/5 (216 download)

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Book Synopsis The Land Question in South Africa by : Lungisile Ntsebeza

Download or read book The Land Question in South Africa written by Lungisile Ntsebeza and published by HSRC Press. This book was released on 2007 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: Publisher description

Tradition on the Move

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Author :
Publisher :
ISBN 13 :
Total Pages : 80 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Tradition on the Move by : Barbara Oomen

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

Essays in African Land Law

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Publisher : PULP
ISBN 13 : 1920538003
Total Pages : 225 pages
Book Rating : 4.9/5 (25 download)

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Book Synopsis Essays in African Land Law by : Robert Home (College teacher)

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:

Land Law in African Countries

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Author :
Publisher : XSPO
ISBN 13 : 5001562554
Total Pages : 377 pages
Book Rating : 4.0/5 (15 download)

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Book Synopsis Land Law in African Countries by : Oleg Igorevich Krassov

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.

Traditional Leaders in a Democracy

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Publisher : The Mapungubwe Institute for Strategic Reflection (MISTRA)
ISBN 13 : 0639923836
Total Pages : 402 pages
Book Rating : 4.6/5 (399 download)

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Book Synopsis Traditional Leaders in a Democracy by : Skosana, Dineo

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.

Rights to Land

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Publisher : Jacana Media
ISBN 13 : 9781928232483
Total Pages : 0 pages
Book Rating : 4.2/5 (324 download)

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Book Synopsis Rights to Land by : William Beinart

Download or read book Rights to Land written by William Beinart and published by Jacana Media. This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The issue of land rights is an ongoing and complex topic of debate for South Africans. Rights to Land comes at a time when land redistribution by government is underway. This book seeks to understand the issues around land rights and distribution of land in South Africa and proposes that new policies and processes should be developed and adopted. It further provides an analysis of what went so wrong, and warns that a new phase of restitution may ignite conflicting ethnic claims and facilitate elite capture of land and rural resources. While there are no quick fixes, the first phase of restitution should be completed and the policy then curtailed. The book argues that land ownership and administration is important to rural democracy and that this should not be placed under the control of traditionalist intermediaries. Land restitution, initiated in 1994, was an important response to the injustices of the apartheid era. But it was intended as a limited and short-term process - initially to be completed in five years. It may continue for decades, creating uncertainty and undermining investment into agriculture. Rights to Land is published in partnership with Good Governance Africa (GGA).

Politics and Government in South Africa

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Publisher : Taylor & Francis
ISBN 13 : 1000895289
Total Pages : 251 pages
Book Rating : 4.0/5 (8 download)

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Book Synopsis Politics and Government in South Africa by : Mueni Wa Muiu

Download or read book Politics and Government in South Africa written by Mueni Wa Muiu and published by Taylor & Francis. This book was released on 2023-06-20 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: Politics and Government in South Africa introduces readers to all aspects of government and politics in South Africa, from local, to provincial, national, and on to international considerations. The perfect guide for students and general readers, this textbook explains how South Africa’s key institutions are governed and interact with each other, and how important issues such as economics, gender, race, and class shape relations between citizens and government. Grounded in history and leading theories and debates, the book also brings in alternative perspectives from artists, writers, and popular culture, to demonstrate the diverse ways in which issues of politics and social justice are engaged with within South Africa. Written with the needs of students at the forefront, each chapter includes: Review and discussion questions Key terms and further resources Fun facts in a Did you know? section Supplementary sources and quotations in a The Past as Present section Interactive and engaging, Politics and Government in South Africa invites readers to consider what they would do in tackling issues such as land distribution, peacekeeping, South Africa’s role in the African Union, and military engagement abroad. It is an essential read for undergraduate students studying Political Science, International Relations, and African Studies, and for anyone looking to develop a deeper understanding of South Africa.

Land Matters

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Author :
Publisher : Penguin Random House South Africa
ISBN 13 : 1776095979
Total Pages : 328 pages
Book Rating : 4.7/5 (76 download)

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Book Synopsis Land Matters by : Tembeka Ngcukaitobi

Download or read book Land Matters written by Tembeka Ngcukaitobi and published by Penguin Random House South Africa. This book was released on 2021-04-15 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.