A court decision has dealt a blow to the manner in which the Eastern Cape government interpreted customary law relating to the appointment of chiefs. “The Cala Reserve community has had its right to appoint its own headman affirmed, after a full bench of the Eastern Cape High Court unanimously dismissed an appeal by the …
Tag: customary law
Permanent link to this article: https://www.customcontested.co.za/bringing-democracy-to-traditional-law/
Jul 15 2015
Choosing chiefs over the people
AT a briefing on land-related legislation by Rural Development and Land Reform Minister Gugile Nkwinti earlier this month, traditional leaders claimed that a new planning law, the Spatial Planning and Land Use Management Act, undermines their authority to manage communal land. They said that by granting local government this power, the act strips traditional leadership …
Permanent link to this article: https://www.customcontested.co.za/choosing-chiefs-over-the-people/
Jul 15 2015
Proposed communal land policy could replay 1913
The government has tried and serially failed in the 21 years since democracy dawned to resolve questions around the authority of traditional leaders in South Africa’s rural areas and, aligned to that, the forms of land ownership that should apply in the former apartheid homelands. It seems now to be gearing up to try …
Permanent link to this article: https://www.customcontested.co.za/proposed-communal-land-policy-could-replay-1913/
Jul 10 2015
Traditional leaders use archaic laws to cling to the land
MAYIBUYE iAfrika! This was a rallying cry that defined the struggle against colonialism and apartheid. This slogan refers, among other things, to the land which was taken away from Africans by colonists. But this dream has not been realised under the land reform programme post-1994 because of tension in approaches. Traditional leaders claim that land …
Permanent link to this article: https://www.customcontested.co.za/traditional-leaders-use-archaic-laws-to-cling-to-the-land-2/
Jun 15 2015
The Traditional Courts Bill Is Soon To Be Back – New Bill or Old Bill With Embellishments?*
The murmurings about the Traditional Courts Bill are true. The Department of Justice and Correctional Services intends to table it in Parliament in the next few months. Readers may recall that this is the Bill intended to regulate dispute resolution under customary law in accordance with the Constitution and provide access to justice to the …
Permanent link to this article: https://www.customcontested.co.za/the-traditional-courts-bill-is-soon-to-be-back-new-bill-or-old-bill-with-embellishments/
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