06 Nov 2017
by Brendan Boyle

Leadership bill dissolves rather than strengthens power of rural people

The pleas of thousands of rural people who made difficult journeys to attend public hearings across the country are largely ignored in the amended version of the Traditional and Khoi-San Leadership Bill set to be adopted by the National Assembly […]

13 Oct 2015
by Brendan Boyle

Bill gives cold comfort to exploited communities

The new Traditional and Khoisan Leadership Bill is honest at least about one thing: It dispenses with the preamble about democracy and transformation in the 2003 Traditional Leadership and Governance Framework Act it sets out to repeal.   While the […]

13 May 2014
by Aninka Claassens

Haste over land rights bill not just in aid of buying votes*

AMONG the slew of “priority” laws hastily adopted at the final sitting of the National Council of Provinces (NCOP) was the Restitution of Land Rights Amendment Bill. This is an exact replay of what happened in 2004, when the contentious […]

18 Sep 2013
by Mbongiseni Buthelezi

Historical evidence crucial for decisions about custom

The eve of Heritage Day presents an opportunity to reflect on how history and its making influence contemporary laws and debates about custom. Legal arguments about chieftainship and customary rights and entitlements often make reference to the past. What is […]

24 Jun 2013
by Wilmien Wicomb and Monica de Souza

Sigcau case: Custom is found in practice, not in law or books

The Constitution, in Chapter 12, recognises ‘the institution, status and role of traditional leadership, in terms of customary law’. On the face of it, this provision was simply designed to bring traditional leaders into the constitutional framework. However, legislation dealing with traditional […]