Oct 15 2013
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.
Permanent link to this article: https://www.customcontested.co.za/victory-rural-people-provinces-oppose-tcb-yet-parliament-wants-consultation/
Oct 09 2013
The Zulu kingdom was established under the rule of Shaka Zulu in the late 1810s and early 1820s in the northern part of what is now KwaZulu-Natal. It was defeated in an invasion by British imperial troops in 1879, and broke up soon afterwards in a series of destructive civil wars, in which British colonial officials played an important role.
Permanent link to this article: https://www.customcontested.co.za/power-authority-zulu-kingdom-moving-beyond-stereotype/
Sep 30 2013
A recent article by Congress of Traditional Leaders of South Africa (Contralesa) president Patekile Holomisa lauding Robert Mugabe as a “true African hero” begged the question: “What is the role of Zimbabwe’s traditional authorities in that country’s complicated political economy?” Holomisa didn’t ask. Rather, he wrote that Zimbabwe’s Fast Track Land Reform Programme (some call this simply “the land invasions”) have eventuated in a “land-owning peasant community … putting the land into productive use”.
Permanent link to this article: https://www.customcontested.co.za/chiefs-and-zanu-pf/
Sep 23 2013
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 old Mmusi was born in the village of Kanye in southern Botswana. When her father died, she and her sisters contributed to the upkeep of the homestead and looked after their mother until her death in 1988. Mmusi moved from her parents’ home when she married but returned in 1991 after her husband’s death. Owing to a dispute with her in-laws, Mmusi was unable to inherit anything from her late husband’s estate.
Permanent link to this article: https://www.customcontested.co.za/mmusi-ruling617/
Sep 18 2013
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 customary practices as they have evolved over time, in order to make arguments about customary law? And, where might we find the evidence to help us construct such a view?
Permanent link to this article: https://www.customcontested.co.za/historical-evidence-custom/
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