Category: Opinion

The Ingonyama judgment: Why the state must heed court orders to halt dispossession and deliver land rights

By Aninka Claassens Vulnerable rural people in South Africa are being systematically dispossessed of their precariously held property rights. The past decade has seen a colossal battle between the courts and government over land reform and the property rights of the 18 million South Africans living in their former homeland areas.

Continue reading

Permanent link to this article: https://www.customcontested.co.za/the-ingonyama-judgment-why-the-state-must-heed-court-orders-to-halt-dispossession-and-deliver-land-rights/

The value of land for people displaced by mining cannot be measured in monetary terms alone

By Shannon Herd-Hoare and Ramabina Mahapa If mining comes to Makhasaneni in rural KwaZulu-Natal, will the community be compensated fairly — and how? The market value of land or immovables such as homesteads is the usual determinant. But excluding the cultural aspects of dependence on land helps explain why so few communities have been left …

Continue reading

Permanent link to this article: https://www.customcontested.co.za/the-value-of-land-for-people-displaced-by-mining-cannot-be-measured-in-monetary-terms-alone/

What landmark Kwazulu-Natal court ruling means for land reform in South Africa

By Ben Cousins In a landmark judgment a South African high court has declared that people living on customary land in the province of KwaZulu-Natal, notionally held in trust by the Ingonyama (king) of the Zulu people, are the “true and beneficial owners” of that land.

Continue reading

Permanent link to this article: https://www.customcontested.co.za/what-landmark-kwazulu-natal-court-ruling-means-for-land-reform-in-south-africa/

Rural rights victory over Ingonyama Trust would please late activist mam’Sizani Ngubane

By Zukiswa Pikoli That the Ingonyama Trust has been found exploitative and the minister remiss in her duties is symptomatic of a bigger malaise at play here.

Continue reading

Permanent link to this article: https://www.customcontested.co.za/rural-rights-victory-over-ingonyama-trust-would-please-late-activist-mamsizani-ngubane/

How the lived experience of traditional courts will change if the Traditional Courts Bill becomes law

By David Mtshali  People like our client and others who may be summoned to appear in a traditional court will be negatively impacted by the bill as they will be forced to appear in a traditional court, even if it is against their will and against their customary law.

Continue reading

Permanent link to this article: https://www.customcontested.co.za/how-the-lived-experience-of-traditional-courts-will-change-if-the-traditional-courts-bill-becomes-law/