Custom Contested

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Victory for rural people as most provinces oppose TCB, yet Parliament wants more “consultation”

MEDIA RELEASE It emerged at the National Council of Provinces’ (NCOP) Select Committee for Security and Constitutional Development today (15 Oct) that the majority of provincial delegations oppose the Traditional Courts Bill (TCB). Whereas four provinces rejected the Bill previously, five provinces now reject the Bill and only two support it.

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Permanent link to this article: https://www.customcontested.co.za/victory-rural-people-provinces-oppose-tcb-yet-parliament-wants-consultation/

Power and authority in the Zulu kingdom: Moving beyond the stereotype

The Zulu kingdom was established under the rule of Shaka Zulu in the late 1810s and early 1820s in the northern part of what is now KwaZulu-Natal. It was defeated in an invasion by British imperial troops in 1879, and broke up soon afterwards in a series of destructive civil wars, in which British colonial …

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Permanent link to this article: https://www.customcontested.co.za/power-authority-zulu-kingdom-moving-beyond-stereotype/

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 didn’t ask. Rather, he wrote that Zimbabwe’s Fast Track Land Reform Programme (some call this …

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Permanent link to this article: https://www.customcontested.co.za/chiefs-and-zanu-pf/

Mmusi ruling a watershed moment for gender and customary law in Botswana

On Sep 3rd, the Court of Appeal in Botswana decided that the home of Edith Mmusi’s parents belonged to her and her sisters. In doing so, Botswana’s highest court struck a blow to rigid versions of customary law and breathed new meaning into the Botswana constitution’s provisions to prevent unfair discrimination. Edith Mmusi’s story 80-year …

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Permanent link to this article: https://www.customcontested.co.za/mmusi-ruling617/

Historical evidence crucial for decisions about custom

The eve of Heritage Day presents an opportunity to reflect on how history and its making influence contemporary laws and debates about custom. Legal arguments about chieftainship and customary rights and entitlements often make reference to the past. What is the place of historical research in litigation? How do we construct an accurate view of …

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Permanent link to this article: https://www.customcontested.co.za/historical-evidence-custom/

Custom Contested