12 Dec 2018
by Monica de Souza Louw
0 comments

Parliament’s final push on dangerous traditional leadership bills

The recognition of traditional communities in the Traditional and Khoi-San Leadership Bill comes with baggage. The “traditional communities” recognised in the TKLB are those previously called “tribes” under colonialism and apartheid. Tribal authorities were established for them in terms of […]

05 Nov 2018
by Dr. Aninka Claassens
0 comments

Maledu judgment victory for the Constitution over mining evictions

The Constitutional Court ruled unanimously last week that mining and the Minerals and Petroleum Resources Development Act (MPRDA) cannot trump the constitutional rights of the 17-million South Africans living in former homeland areas.

27 Sep 2018
by Nokwanda Sihlali and Mahlatse Muroa
0 comments

Public hearings on land have largely missed the nuance of this complex topic

The release of Kgalema Motlanthe’s High Level Panel report in November 2017, alongside resolutions from the 54th conference of the African National Congress (ANC) and the ultimate success of an Economic Freedom Fighters’ motion on land expropriation earlier this year, […]

13 Sep 2018
by Nyasha Karimakwenda and Ayesha Motala
0 comments

Latest Traditional Courts Bill draft flouts constitutional rights even more disturbingly

Perhaps we should have seen this coming. Based on the antagonistic tone of the Portfolio Committee on Justice and Correctional Services during public hearings held in March this year, the newest version of the Traditional Courts Bill (TCB) was likely […]

04 Sep 2018
by LARC
0 comments

Mining Magnates and Traditional Leaders: The Role of Law in Elevating Elite Interests and Deepening Exclusion 2002-2018

A wave of legislation currently before Parliament seeks to build on the foundations of other interconnected post-apartheid laws and give a veneer of legality to a host of precarious deals cutting politically connected business and traditional leaders into South Africa’s […]