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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/
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/
A plethora of bills and policies has been released in recent times that hold negative implications for the security of tenure of people living in rural areas. These policies and bills cover issues ranging from traditional leadership to communal tenure to land restitution and redistribution.
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Permanent link to this article: https://www.customcontested.co.za/new-policies-undermine-security-of-tenure/
Current debates over ukuthwala invoke the idea of custom to both criticise and justify the practice. Participants on both sides of this debate use historical claims to justify their position. The legal status of custom is not determined by history, but for many observers the popular legitimacy of custom depends on a practice’s deep historical …
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Permanent link to this article: https://www.customcontested.co.za/customary-status-of-ukuthwala-debated-since-19th-century/
The protracted and bitter battle between the leaders of the Bakgatla baKgafela, based in South Africa and Botswana, has everything to do with the riches of the “tribe”* and little to do with genuine concern for the plight of their subjects, who continue to wallow in poverty. Not so long ago Kgosi Kgolo Kgafela Kgafela …
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Permanent link to this article: https://www.customcontested.co.za/pilane-kgafela-feud-exposes-chinks-in-bakgatla-administration/