Category: News

New Restitution Bill fails to address Khoi and San concerns

MEDIA RELEASE In the State of the Nation Address delivered earlier this year, President Jacob Zuma announced plans to amend the Restitution of Land Rights Act to allow for the re-opening of the lodgment of restitution claims by people who missed the deadline of 31 December 1998.  In the same address, he promised that government would …

Continue reading

Permanent link to this article: https://www.customcontested.co.za/new-restitution-bill-fails-address-khoi-san-concerns/

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.

Continue reading

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

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 …

Continue reading

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 …

Continue reading

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

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.

Continue reading

Permanent link to this article: https://www.customcontested.co.za/new-policies-undermine-security-of-tenure/

Custom Contested