Custom Contested

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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 leadership was subsequently enacted and the question then becomes whether this legislation is consistent with …

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Permanent link to this article: https://www.customcontested.co.za/custom-is-found-in-practice-not-in-law-or-books/

Botswana women’s inheritance case gets gender justice award but legal battle unresolved

Women’s Link Worldwide on Jun 18, 2013 gave a Bronze Gender Justice Uncovered Award to the High Court of Botswana for its decision in the case Mmusi v Ramantele in recognition of its significant contribution to promoting gender equality. However, the High Court’s decision was appealed, so the battle for women’s customary inheritance rights in Botswana has not …

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Permanent link to this article: https://www.customcontested.co.za/botswana-womens-inheritance-case-gets-gender-justice-award-but-legal-battle-unresolved/

Voices that matter: Law-making and the Bantustans, 100 years on

In the same chamber that the 1913 Natives Land Act was passed, Parliament marked its centenary with a workshop on “Redressing the legacy of the 1913 Land Act” on June 7-8. Present were parliamentarians, traditional leaders, civil society and rural delegates, all of who were invited to contribute their views on land reform. The make-up …

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Permanent link to this article: https://www.customcontested.co.za/voices-that-matter-law-making-and-the-bantustans-100-years-on-2/

“New” land tenure model brings back unconstitutional CLaRA

The government is proposing a communal land tenure model that is a crude version of the model contained in the Communal Land Rights Act (CLaRA) of 2004, struck down by the Constitutional Court in 2010. This emerged at a workshop on “Redressing the legacy of the 1913 Land Act”, hosted by parliamentary portfolio committees at …

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Permanent link to this article: https://www.customcontested.co.za/new-land-tenure-model-brings-back-unconstitutional-clara/

New Restitution Bill could open floodgates for chiefs’ land claims

The Western Cape leg of the public consultation about the Restitution of Land Rights Amendment Bill started in Cape Town on June 4th. This is only 10 days after the bill was introduced. People are scrambling to make sense of the implications of the bill, and the reasons for its sudden introduction. At face value, …

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Permanent link to this article: https://www.customcontested.co.za/new-restitution-bill-could-open-floodgates-for-chiefs-land-claims/