15 Nov 2013
by Frances Ann Eberhard and Tara Weinberg
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Advocacy for women’s land rights: Plotting the way forward

The story of Dudu Xaba from KwaZulu Natal shows vividly how land rights and livelihoods are intertwined. Xaba’s late father left her a farm in his will but her half-brother claimed it, arguing only a male heir could inherit the […]

18 Sep 2013
by Mbongiseni Buthelezi
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Historical evidence crucial for decisions about custom

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 […]

30 Aug 2013
by Elizabeth Thornberry
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Customary status of “ukuthwala” debated since 19th century

Current debates over ukuthwala invoke the idea of custom to both criticise and justify the practice. Participants on both sides of this debate use historical claims to justify their position. The legal status of custom is not determined by history, […]