05 Nov 2018
by Dr. Aninka Claassens
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Maledu judgment victory for the Constitution over mining evictions

The Constitutional Court ruled unanimously last week that mining and the Minerals and Petroleum Resources Development Act (MPRDA) cannot trump the constitutional rights of the 17-million South Africans living in former homeland areas.

27 Sep 2018
by Nokwanda Sihlali and Mahlatse Muroa
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Public hearings on land have largely missed the nuance of this complex topic

The release of Kgalema Motlanthe’s High Level Panel report in November 2017, alongside resolutions from the 54th conference of the African National Congress (ANC) and the ultimate success of an Economic Freedom Fighters’ motion on land expropriation earlier this year, […]

13 Sep 2018
by Nyasha Karimakwenda and Ayesha Motala
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Latest Traditional Courts Bill draft flouts constitutional rights even more disturbingly

Perhaps we should have seen this coming. Based on the antagonistic tone of the Portfolio Committee on Justice and Correctional Services during public hearings held in March this year, the newest version of the Traditional Courts Bill (TCB) was likely […]

04 Sep 2018
by LARC
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Mining Magnates and Traditional Leaders: The Role of Law in Elevating Elite Interests and Deepening Exclusion 2002-2018

A wave of legislation currently before Parliament seeks to build on the foundations of other interconnected post-apartheid laws and give a veneer of legality to a host of precarious deals cutting politically connected business and traditional leaders into South Africa’s […]

13 Aug 2018
by Aninka Claassens
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Amending the property clause risks making poor more vulnerable to dispossession without compensation

A man sitting next to me at a land workshop in Rustenburg last month asked me sadly whether the problems on the platinum belt meant, as some younger delegates alleged, that Mandela had indeed sold black people out during the […]

19 Jul 2018
by Aninka Claassens
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The Ingonyama Trust: Land and Power in the former homelands

The message from the Ingonyama Trust is loud and clear – “hands off” to anyone who assumes they have a mandate to investigate what is happening to people’s land rights, or how the Trust spends its money.