Custom Contested

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“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/

Apartheid distortions of customary law rob women of land rights – and livelihoods

Mobilisation against the Traditional Courts Bill brought together women living in often remote rural areas around the country. In sharing their experiences with one another in meetings and workshops, what repeatedly emerged was how precarious their rights to land are. Here we tell the stories of Dudu Xaba and Cazile Hadebe, two women whose land …

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Permanent link to this article: https://www.customcontested.co.za/apartheid-distortions-of-customary-law-rob-women-of-land-rights-and-livelihoods/

Rural people remain in limbo waiting for CLaRA’s replacement

Minister of Rural Development and Land Reform Gugile Nkwinti’s comments at the Land Divided Conference in March 2013 triggered warning bells about the continued legal void regarding communal land tenure. This lacuna creates an environment where “people in rural communities are not able to have security of tenure, to have CPAs [Communal Property Associations] and …

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Permanent link to this article: https://www.customcontested.co.za/rural-people-remain-in-limbo-waiting-for-claras-replacement/

Struggles to assert self-definition against ascribed tribal identities

One of the earliest lessons I learned as a student of history is that there is no singular history. Instead, multiple histories are produced and exist alongside and intersect with each other, representing different perspectives and accounts of events. Similarly, there is no one version of identity, knowledge or culture – there are knowledges, cultures …

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Permanent link to this article: https://www.customcontested.co.za/struggles-to-assert-self-definition-against-ascribed-tribal-identities/

Custom Contested