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 […]

13 May 2014
by Aninka Claassens
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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 […]

30 Sep 2013
by David Moore
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Traditional authorities and the new peasants in Zanu-PF’s Zimbabwe

A recent article by Congress of Traditional Leaders of South Africa (Contralesa) president Patekile Holomisa lauding Robert Mugabe as a “true African hero” begged the question: “What is the role of Zimbabwe’s traditional authorities in that country’s complicated political economy?” Holomisa […]

05 Aug 2013
by Elizabeth Thornberry
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“Ukuthwala”: Even living custom must be developed to comply with Constitution

The cases of ukuthwala that have seized public attention over the last few years involve the violent abduction, and sometimes rape, of girls as young as 12 by older men. In addition to being illegal under criminal law, these abductions […]

15 Jul 2013
by Elizabeth Thornberry
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Validity of “ukuthwala” depends on definition of custom

Since 2008, a series of cases in which young girls have been abducted and forcibly married to much older men in the Eastern Cape and KwaZulu Natal has captured national attention. Journalists and community members have grouped these abductions together […]