05 Mar 2015
by Richard Pithouse
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Dikgang Moseneke: Constitution allows for land expropriation*

At a public discussion on the land question in Johannesburg on Friday, February 27, Dikgang Moseneke, the Deputy Chief Judge of the Constitutional Court, began his remarks with a well-known quote from Frantz Fanon: “For a colonized people the most […]

12 Feb 2014
by Aninka Claassens
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NCOP in disarray about TCB

Today’s meeting about the Traditional Courts Bill (TCB) in the National Council of Provinces (NCOP) indicated a Committee in deep disarray.  The meeting was meant to discuss the negotiating mandates that the provinces have submitted with regard to the TCB.  […]

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 […]