Tag: customary law

Workshop confronting the threat to tenure security posed by vast tribal land claims

MEDIA STATEMENT Members of affected rural communities, civil society organisations and academics resolved at a two-day workshop in KwaZulu-Natal on August 12-13 to probe reports of tenure abuses experienced by communities on Ingonyama Trust land and to seek a meeting with the Land Restitution Commission on the likely impact of proposed giant tribal claims under …

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Permanent link to this article: https://www.customcontested.co.za/workshop-confronting-threat-tenure-security-posed-vast-tribal-land-claims/

TCB: People in rural areas demand full rights, as enjoyed by their urban counterparts

Before the current irregular round of public hearings on the Traditional Court Bill (TCB), two other rounds took place at which the overwhelming majority of participants had already rejected the Bill – as they still do. Across sectors and geographic regions, both at provincial and national level public hearings as held in 2008 and 2012 …

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Permanent link to this article: https://www.customcontested.co.za/tcb-rural-people-demand-full-rights-enjoyed-urban-counterparts/

Mmusi ruling a watershed moment for gender and customary law in Botswana

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 …

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Permanent link to this article: https://www.customcontested.co.za/mmusi-ruling617/

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, but for many observers the popular legitimacy of custom depends on a practice’s deep historical …

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Permanent link to this article: https://www.customcontested.co.za/customary-status-of-ukuthwala-debated-since-19th-century/

“Ukuthwala”: Even living custom must be developed to comply with Constitution

The cases of ukuthwala that have seized public attention over the last few years involve the violent abduction, and sometimes rape, of girls as young as 12 by older men. In addition to being illegal under criminal law, these abductions have been criticised by some scholars and traditional leaders for distorting the “real custom” of …

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Permanent link to this article: https://www.customcontested.co.za/ukuthwala-even-living-custom-must-be-developed-to-comply-with-constitution/

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