Category: Opinion

Upgrading of Land Tenure Rights Act – a legal-historical context, and points of contention

By Sobantu Mzwakali There are grave concerns about the legislature and the executive rewriting an apartheid-era inherited piece of legislation into a constitutionally permissible format while ignoring the more fundamental issue of overhauling SA’s tenure recordal and registration system.

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Permanent link to this article: https://www.customcontested.co.za/upgrading-of-land-tenure-rights-act-a-legal-historical-context-and-points-of-contention/

Daily Maverick/Maverick Citizen focus on the Traditional Courts Bill

By Various The Traditional Courts Bill will land in the Constitutional Court if it is passed in its current form, say land rights activists Nolundi Luwaya and Mavuso Msimang. They were in conversation with Maverick Citizen journalist Zukiswa Pikoli during a webinar to discuss the constitutionality of the bill.

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Permanent link to this article: https://www.customcontested.co.za/traditional-courts-bill-ignores-the-constitutional-rights-of-the-rural-communities-it-is-meant-to-protect/

Traditional Courts Bill denies democratic rights

By: New Frame A fabricated idea of tradition legitimates the way in which the bill enforces subordination to traditional courts, with no possibility to opt out.

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Permanent link to this article: https://www.customcontested.co.za/traditional-courts-bill-denies-democratic-rights/

Traditional Courts Bill: Rural women’s access to justice is betrayed again

By Constance Mogale The passage of the Traditional Courts Bill and the Traditional and Khoi-San Leadership Act through Parliament is clear evidence of a choice to betray the vision of South Africa as based on democracy and equal citizenship for all.

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Permanent link to this article: https://www.customcontested.co.za/traditional-courts-bill-rural-womens-access-to-justice-is-betrayed-again/

Controversial Traditional Courts Bill will be challenged if passed in parliament

By Nolundi Luwaya In less than a week parliament will decide whether to confirm the Traditional Courts Bill (TCB), which has been at the centre of an almost 20-year struggle for legislation that is true to customary law and reflects the democratic values of customary systems.

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Permanent link to this article: https://www.customcontested.co.za/controversial-traditional-courts-bill-will-be-challenged-if-passed-in-parliament/