By Shannon Herd-Hoare and Ramabina Mahapa If mining comes to Makhasaneni in rural KwaZulu-Natal, will the community be compensated fairly — and how? The market value of land or immovables such as homesteads is the usual determinant. But excluding the cultural aspects of dependence on land helps explain why so few communities have been left …
Tag: traditional leaders
Permanent link to this article: https://www.customcontested.co.za/the-value-of-land-for-people-displaced-by-mining-cannot-be-measured-in-monetary-terms-alone/
Jun 23 2021
What landmark Kwazulu-Natal court ruling means for land reform in South Africa
By Ben Cousins In a landmark judgment a South African high court has declared that people living on customary land in the province of KwaZulu-Natal, notionally held in trust by the Ingonyama (king) of the Zulu people, are the “true and beneficial owners” of that land.
Permanent link to this article: https://www.customcontested.co.za/what-landmark-kwazulu-natal-court-ruling-means-for-land-reform-in-south-africa/
Jun 01 2021
Maxwele family appeals ruling on succession of headmanships
By Lulamile Feni The groundbreaking judgment by acting judge Mvuzo Notyesi that headmanships, hereditary or not, are dependent on their senior traditional leaders and the incumbents cannot automatically be succeeded by their heirs or decide on their successor, is being appealed.
Permanent link to this article: https://www.customcontested.co.za/maxwele-family-appeals-ruling-on-succession-of-headmanships/
Dec 03 2020
Little comfort for rural communities as NCOP passes Traditional Courts Bill without opt-out clause
Joint statement by Alliance for Rural Democracy & Land and Accountability Research Centre On 2 December 2020, the National Council of Provinces (NCOP) passed the Traditional Courts Bill [B1D-2017] (TCB) in a plenary session, after a rushed process that ignored significant concerns raised by numerous stakeholders. Seven provinces voted in favour of the Bill, with …
Permanent link to this article: https://www.customcontested.co.za/little-comfort-for-rural-communities-as-ncop-passes-traditional-courts-bill-without-opt-out-clause/
Jun 19 2020
Why the TKLA remains a fundamental threat to land rights
LARC On 9 November 2018, LARC’s former Director, Aninka Claassens, wrote a letter to Parliament’s Select Committee on Cooperative Governance and Traditional Affairs to explain why the Traditional and Khoi-San Leadership Bill undermined land rights even after last minute amendments made during the parliamentary process.
Permanent link to this article: https://www.customcontested.co.za/why-the-tkla-remains-a-fundamental-threat-to-land-rights/