12 Dec 2018
by Monica de Souza Louw
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Parliament’s final push on dangerous traditional leadership bills

The recognition of traditional communities in the Traditional and Khoi-San Leadership Bill comes with baggage. The “traditional communities” recognised in the TKLB are those previously called “tribes” under colonialism and apartheid. Tribal authorities were established for them in terms of […]

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.

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.

28 May 2018
by Ohene Yaw Ampofo-Anti    
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Court orders tribal authority to act democratically:Traditional leadership can be compatible with democracy and the Constitution

Do traditional leaders have to consult with their community before litigating on their behalf? On 9 March 2018, a Mahikeng High Court judgment answered this question: yes, they do.

30 Oct 2015
by Phiwe Ndinisa
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New bill leaves communities at leaders’ mercy

Parliament is about to begin nationwide public hearings on a new law to regulate the roles of traditional and Khoi-San leaders. The debate, which is expected to kick off in mineral-rich North West next month, will pit rural communities against […]