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Author: NA NA
Publisher: Springer
Published: 2016-09-23
Total Pages: 288
ISBN-13: 1137064609
DOWNLOAD EBOOKThis book examines the ongoing resurgence of traditional power structures in South Africa. Oomen assesses the relation between the changing legal and socio-political position of traditional authority and customary law and what these changes can teach us about the interrelation between law, politics, and culture in the post-modern world.
Author: Lungisile Ntsebeza
Publisher: BRILL
Published: 2005-06-01
Total Pages: 336
ISBN-13: 9047407903
DOWNLOAD EBOOKThis book argues that the promulgation of the Traditional Leadership and Governance Framework and Communal Land Rights Acts runs the risk of compromising South Africa's democracy. The acts establish traditional councils with land administration powers. These structures are dominated by unelected members.
Author: Barbara Oomen
Publisher:
Published: 2000
Total Pages: 80
ISBN-13:
DOWNLOAD EBOOKNiZA-CAHIER v. 6
Author:
Publisher:
Published:
Total Pages:
ISBN-13: 9781349735761
DOWNLOAD EBOOK3. The constitutive effects of cultural rights legislation -- 4. Law, power and culture -- 5. Alternatives -- References -- Index
Author: William Beinart
Publisher: Wits University Press
Published: 2021-05-01
Total Pages: 294
ISBN-13: 1776146808
DOWNLOAD EBOOKThis edited collection illustrates contestations over land and political authority in South Africa’s rural areas, focusing on threats to popular rights and how they are being supported. Who controls the land and minerals in the former Bantustans of South Africa - chiefs, the state or landholders? Disputes are taking place around the ownership of resources, decisions about their exploitation and who should benefit. With respect to all of these issues, the courts have become increasingly important. The contributors to Land, Law and Chiefs in Rural South Africa capture some of these intense contestations over land, law and political authority, focussing on threats to the rights of ordinary people. History and customary law feature strongly in most disputes and succession to chieftaincy is also frequently disputed. Judges have to make decisions in a context where rival claimants to property or office assert their own versions of history and custom. The South African constitution recognizes customary law and the courts are attempting to incorporate and develop this branch of jurisprudence as ‘living customary law’. Lawyers, community leaders and academics are called on to assist in researching cases around restitution, land rights and customary law. The chapters in this collection discuss legal cases and policy directions that have evolved since 1994. Some chapters analyze the increasing power of chiefs in the South African rural areas, while others suggest that the courts are giving support to popular rights over land and supporting local democratic processes. Contributors record significant pushback from groups that reject traditional authority. These political tensions are a central theme of the collection and thus serve as vital case studies in furthering our understanding of rights and restitution in South Africa.
Author: Jude Fokwang
Publisher: African Books Collective
Published: 2009-02-15
Total Pages: 140
ISBN-13: 9956716006
DOWNLOAD EBOOKThis study analyses the effects of democratic transition in two African countries - Cameroon and South Africa - on chiefs and the institution of chieftainship. Based on ethnographic fieldwork, the monograph explores the cultural and socio-political conditions that enabled chiefs to reinvent themselves in the new era of democratic politics despite their status as 'old political actors'. It explores the kinds of legitimacies claimed by chiefs in the new era and the responses of their subjects to such claims, particularly with respect to chiefs' involvement in national politics. The monograph makes a case for the importance of comparative research on chiefs in the era of democracy and the predicaments they face therein. It contends that contrary to exhortations about the incompatibility of chiefs and democracy, the reality is that political transition in both South Africa and Cameroon produced contradictions, creating space and a role for chiefs in a fascinating and negotiated interplay of legitimacies and history.
Author: Thomas V. McClendon
Publisher: University Rochester Press
Published: 2010
Total Pages: 196
ISBN-13: 158046341X
DOWNLOAD EBOOKThe man who would be Inkosi -- Witchcraft and statecraft -- You are what you eat up -- Guns, rain, and law -- From show trial to shallow reform.
Author: J. Michael Williams
Publisher: Indiana University Press
Published: 2010
Total Pages: 300
ISBN-13: 0253221552
DOWNLOAD EBOOKAs South Africa consolidates its democracy, chieftaincy has remained a controversial and influential institution that has adapted to recent changes. J. Michael Williams examines the chieftaincy and how it has sought to assert its power since the end of apartheid. By taking local-level politics seriously and looking closely at how chiefs negotiate the new political order, Williams takes a position between those who see the chieftaincy as an indigenous democratic form deserving recognition and protection, and those who view it as incompatible with democracy. Williams describes a network of formal and informal accommodations that have influenced the ways state and local authorities interact. By focusing on local perceptions of the chieftaincy and its interactions with the state, Williams reveals an ongoing struggle for democratization at the local and national levels in South Africa.
Author: Skosana, Dineo
Publisher: The Mapungubwe Institute for Strategic Reflection (MISTRA)
Published: 2019-03-31
Total Pages: 402
ISBN-13: 0639923836
DOWNLOAD EBOOKPost-1994, South Africa's traditional leaders have fought for recognition, and positioned themselves as major players in the South African political landscape. Yet their role in a democracy is contested, with leaders often accused of abusing power, disregarding human rights, expropriating resources and promoting tribalism. Some argue that democracy and traditional leadership are irredeemably opposed and cannot co-exist. Meanwhile, shifts in the political economy of the former bantustans − the introduction of platinum mining in particular − have attracted new interests and conflicts to these areas, with chiefs often designated as custodians of community interests. This edited volume explores how chieftancy is practised, experienced and contested in contemporary South Africa. It includes case studies of how those living under the authority of chiefs, in a modern democracy, negotiate or resist this authority in their respective areas. Chapters in this book are organised around three major sites of contest: leadership, land and law.
Author: Donald Iain Ray
Publisher: University of Calgary Press
Published: 2003
Total Pages: 324
ISBN-13: 1552380807
DOWNLOAD EBOOKTraditional leadership is a factor that has been long overlooked in evaluations of rural local government in much of contemporary Sub-Saharan Africa -- this volume addresses it head-on. Case studies drawn from Ghana, South Africa, Botswana, Lesotho, and Commonwealth countries in West, East, and Southern Africa, as well as Jamaica are included. An interdisciplinary and intercontinental collection that addresses this gap in dialogue about African politics. The book brings new perspectives on the integration, or reconciliation, of traditional leadership with democratic systems of local government.
