Custom Contested

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Imposed tribal boundaries lock democracy out

The Traditional Leadership and Governance Framework Act (Framework Act) was enacted in 2003. It was the first of a “package” of new laws entrenching the powers of traditional leaders. In essence, the Framework Act goes no further than to establish the structures, boundaries and hierarchy of state-recognised traditional leaders (chiefs), traditional communities (tribes) and traditional …

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Permanent link to this article: https://www.customcontested.co.za/imposed-tribal-boundaries-lock-democracy-out/

“One size fits all” Traditional Courts Bill negates rural diversity

The centenary of the Natives Land Act of 1913 offers the opportunity for critical reflection on its material and social legacies that continue to shape the lives of millions of South Africans. This moment also demands interrogation of current and proposed legislation on land, especially how present state interventions respond to past injustices.

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Permanent link to this article: https://www.customcontested.co.za/one-size-fits-all-traditional-courts-bill-negates-rural-diversity/

Constitutional Court’s finding against Pilane affirms rural people’s rights

Recently the Mail and Guardian’s legal columnist picked up on the importance of the Constitutional Court’s decision on 28 February 2013 to strike down a set of interdicts prohibiting meetings in the Bakgatla baKgafela traditional community of Mothlabe village in North West province. At stake in this case is far more than who has the …

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Permanent link to this article: https://www.customcontested.co.za/constitutional-courts-finding-against-pilane-affirms-rural-peoples-rights/

Silencing rural voices contradicts bottom-up customary decision-making

I am from Shitaci village, a traditional community situated in the former Gazankulu Bantustan in the Vhembe district of Limpopo province. Shitaci village is part of the communities that, in 1956, were incorporated into the Bungeni Tribal Authority following the promulgation of the Bantu (Black) Authorities Act of 1951. I am the chairperson of the …

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Permanent link to this article: https://www.customcontested.co.za/silencing-rural-voices-contradicts-bottom-up-customary-decision-making/