Land, Power, and Custom: Controversies Generated by South Africa's Communal Land Rights Act
Land tenure rights are a burning issue in South Africa, as in Africa more widely. Land, Power, and Custom explores the implications of the controversial 2004 Communal Land Rights Act, criticized for reinforcing the apartheid power structure and ignoring the interests of the common people. This compilation of essays and case studies written by experts navigates through competing viewpoints to discuss the tensions between the new democratic government and traditional tribal leaders, the land...
Search in google:
Land, Power, and Custom explores the implications of the controversial 2004 Communal Land Rights Act, criticized for reinforcing the apartheid power structure and ignoring the interests of the common people. This compilation of essays and case studies written by experts navigates through competing viewpoints to discuss the tensions between the new democratic government and traditional tribal leaders, the land rights of affected yet isolated or marginalized groups, and concerns about the constitutionality of the CLRA itself. A DVD accompanying the book contains the affidavits of four communities challenging the Act, pleadings, hearings, and submissions, as well as the entire body of South African legislation involved in this challenge, dating back to the late nineteenth century.
Contribution vAbbreviation viiNote on the naming of statutes and statutory bodies ixAcknowledgements xForeword xiiPart 1 Introduction 1Chapter 1 Contextualishing the controversies: dilemmas of communal tenure reform in post apartheid South Africa Ben Cousins 3Part 2 The Act and the legislative procedure 33Chapter 2 An overview of the Communal Land Rights Act 11 of 2004 Henk Smith 35Chapter 3 Tagging the Bill, gagging the provinces the Communal Land Rights Act in parliament Christina Murray Richard Stacey 72Part 3 Land rights and customary law 93Chapter 4 The nature of land rights under indigenous law in Africa HWO Okoth-Ogendo 95Chapter 5 Characterizing 'communal' tenure nested system and flexible boundaries Ben cousins 109Chapter 6 'Offical' vs 'living' customary law: dilemmas of description and recognition Tom Bennett 138Chapter 7 Women, land and power the impact of the Communal Land Rights Act Aninka Classens Sizani Ngubane 154Chapter 8 Custom-building free hold title: the impact of family values on historical ownership in the Eastern Cape Rosalie Kingwill 184Part 4 Traditional leaders, power and land rights 209Chapter 9 Contested terrain: land rights and chiefly power in historical perspective peter Delius 211Chapter 10 Chiefs and the ANC in South Africa: the reconstruction of tradition? Lungisile Ntscbeza 238Chapter 11 Power, accountability and apartheid borders: the impact of recent laws on struggles over land rights Aninka Claassens 262Part 5 Case studies 293Chapter 12 The Kalkfontein land purchases eighty years on and still struggling for ownership Aninka Claassens Durkje Gilfillan 295Chapter13 Stealing restitution and selling land allocation: Dixie, Mahayana and makuleke Aninka Classens Moray Hathorn 315Part 6 Conclusion 353Chapter 14 Customary law and zones of chiefly sovereignty: the impact of government policy on whose voices prevail in the making and changing of customary law Aninka Classens 355Index 383List of mapsMap 1 The Northem Provinces 261Map 2 Dixie village in relation to the Manyeleti Game Reserve 319Map 3 Makgobistad, Manyaeyane and the tribal authority boundary 327Map 4 Makuleke before and after the removal 335
