Tag: customary law

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 to be a disappointment.

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Permanent link to this article: https://www.customcontested.co.za/latest-traditional-courts-bill-draft-flouts-constitutional-rights-even-more-disturbingly/

Amending the property clause risks making poor more vulnerable to dispossession without compensation

A man sitting next to me at a land workshop in Rustenburg last month asked me sadly whether the problems on the platinum belt meant, as some younger delegates alleged, that Mandela had indeed sold black people out during the negotiations leading up to the 1994 transition to democracy. People were sharing their experiences of …

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Permanent link to this article: https://www.customcontested.co.za/amending-the-property-clause-risks-making-poor-more-vulnerable-to-dispossession-without-compensation/

Mixing expropriation with Ingonyama is mischievous

Amongst assertions made at the recent ANC Land Summit, it seems the one issue that has permeated media analysis is the misinterpretation of former president Kgalema Motlanthe’s statement that most traditional leaders act as tin-pot dictators.

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Permanent link to this article: https://www.customcontested.co.za/the-dissolution-of-ingonyama-trust-is-not-the-expropriation-of-land-from-traditional-leadership/

Court orders tribal authority to act democratically:Traditional leadership can be compatible with democracy and the Constitution

Do traditional leaders have to consult with their community before litigating on their behalf? On 9 March 2018, a Mahikeng High Court judgment answered this question: yes, they do.

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Permanent link to this article: https://www.customcontested.co.za/court-orders-tribal-authority-to-act-democraticallytraditional-leadership-can-be-compatible-with-democracy-and-the-constitution/

Ingonyama Trust Board ignores Committee moratorium

A big issue in many news articles at the beginning of 2018 centred on the role of the Ingonyama Trust in KwaZulu-Natal and how it would be absorbed into an already failing national land administration system.

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Permanent link to this article: https://www.customcontested.co.za/ingonyama-trust-board-ignores-committee-moratorium/

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