Custom Contested

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New policies undermine security of tenure

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/

Customary status of “ukuthwala” debated since 19th century

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/

Feud between Pilane and Kgafela exposes chinks in the Bakgatla administration

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/

Inclusivity vs. exclusivity: Zulu nationalism’s battle within

For most of the 100 years of the ANC’s history, two distinct strands of Zulu nationalism competed for dominance in the party, especially in KwaZulu-Natal: one conservative, and closed off; the other, progressive and inclusive of other communities. Since the death of Zulu King Cetshwayo in 1883, the leitmotif of politics in what became known …

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Permanent link to this article: https://www.customcontested.co.za/inclusivity-vs-exclusivity-zulu-nationalisms-battle-within/

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 under the heading of ukuthwala cases. Men who have committed these abductions defend them as customary, and …

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Permanent link to this article: https://www.customcontested.co.za/ukuthwala/

Custom Contested