Tag: South African constitution

South Africa has a new traditional courts bill. But it doesn’t protect indigenous practices

By Anthony Diala After 14 years of highly controversial amendments, South Africa’s parliament has finally approved the Traditional Courts Bill. The Bill now awaits the signature of the President to become law.

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Permanent link to this article: https://www.customcontested.co.za/south-africa-has-a-new-traditional-courts-bill-but-it-doesnt-protect-indigenous-practices/

Dikgang Moseneke: Constitution allows for land expropriation*

At a public discussion on the land question in Johannesburg on Friday, February 27, Dikgang Moseneke, the Deputy Chief Judge of the Constitutional Court, began his remarks with a well-known quote from Frantz Fanon: “For a colonized people the most essential value, because the most concrete, is first and foremost the land: the land which …

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Permanent link to this article: https://www.customcontested.co.za/dikgang-moseneke-constitution-allows-for-land-expropriation/

Verwoerd, Zuma and the Chiefs

It may seem mischievous to suggest that Jacob Zuma’s thinking on chiefs and traditional authority echoes that of the infamous apartheid leader H.F. Verwoerd. But, oddly enough, the two men had similar decisions to make about the future of rural South Africa, and the path Zuma is choosing is not all that different from the …

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Permanent link to this article: https://www.customcontested.co.za/verwoerd-zuma-chiefs/

NCOP in disarray about TCB

Today’s meeting about the Traditional Courts Bill (TCB) in the National Council of Provinces (NCOP) indicated a Committee in deep disarray.  The meeting was meant to discuss the negotiating mandates that the provinces have submitted with regard to the TCB.  On the basis of the outcome of those negotiations the Bill would be referred back …

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Permanent link to this article: https://www.customcontested.co.za/ncop-disarray-tcb/

“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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