Category: Opinion

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 …

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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.

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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.

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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.

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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/

Maxwele family appeals ruling on succession of headmanships

By Lulamile Feni The groundbreaking judgment by acting judge Mvuzo Notyesi that headmanships, hereditary or not, are dependent on their senior traditional leaders and the incumbents cannot automatically be succeeded by their heirs or decide on their successor, is being appealed.

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Permanent link to this article: https://www.customcontested.co.za/maxwele-family-appeals-ruling-on-succession-of-headmanships/