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Author: Jan Abbink
Publisher: BRILL
Published: 2011-11-11
Total Pages: 397
ISBN-13: 900421738X
DOWNLOAD EBOOKThis book offers a series of new studies on the dynamics of political and legal culture as well as of conflict management in contemporary Africa, taking inspiration from and honoring the scholarly contributions and impact of Prof. Gerti Hesseling (1946-2009) in African Studies.
Author: Tembeka Ngcukaitobi
Publisher: Penguin Random House South Africa
Published: 2021-04-01
Total Pages: 328
ISBN-13: 1776095979
DOWNLOAD EBOOKWhy has land reform been such a failure in South Africa? Will expropriation without compensation solve the problem? What can be done to get the land programme back on track? In Land Matters, Tembeka Ngcukaitobi tackles the past, present and future of the land question in South Africa. Going back in history, he shows how Africans’ communal systems of landownership were used by colonial rulers to deny that Africans owned the land at all. He explores the effects of the Land Acts, Bantustans and forced removals. And he evaluates the ANC’s policies on land throughout the struggle years, during the negotiations of the 1990s, and in government. Land Matters unpacks the government’s achievements and failures in land redistribution, restitution and tenure reform, and makes suggestions for what needs to be done in future. The book also explores the power of chiefs, the tension between communal landownership and the desire for private title, the failure of the willing-seller, willing-buyer approach, women and land reform, the role of banks, and the debates around amending the Constitution. Steering clear of the simplistic and polarising terms of the land debate, Ngcukaitobi argues for a return to the nuanced constitutional requirements of justice and equity in South Africa’s land policy. Thoughtful and provocative, Land Matters sheds light on one of the most topical, complex and urgent issues in South Africa today.
Author: Shinichi Takeuchi
Publisher: Springer Nature
Published: 2021-10-10
Total Pages: 215
ISBN-13: 9811647259
DOWNLOAD EBOOKThis open access book offers unique in-depth, comprehensive, and comparative analyses of the motivations, context, and outcomes of recent land reforms in Africa. Whereas a considerable number of land reforms have been carried out by African governments since the 1990s, no systematic analysis on their meaning has so far been conducted. In the age of land reform, Africa has seen drastic rural changes. Analysing the relationship between those reforms and change, the chapters in this book reveal not only their socio-economic outcomes, such as accelerated marketisation of land, but also their political outcomes, which have often been contrasting. Countries such as Rwanda and Mozambique have utilised land reform to strengthen state control over land, but other countries, such as Ghana and Zambia, have seen the rise in power of traditional chiefs in managing the land. The comparative perspective of this book clarifies new features of African social changes, which are carefully investigated by area experts. Providing new perspectives on recent land reform, this book will have a considerable impact on scholars as well as policymakers.
Author: Sandra F. Joireman
Publisher: Oxford University Press
Published: 2011-07-15
Total Pages: 225
ISBN-13: 0199782725
DOWNLOAD EBOOKIt is safe to say that a sizeable majority of the world's population would agree with the proposition that that property rights are important for political and social stability as well as economic growth. But what happens when the state fails to enforce such rights? Throughout sub-Saharan Africa, this is in fact an endemic problem. In Where There is No Government, Sandra Joireman explains how weak state enforcement regimes have allowed private institutions in sub-Saharan Africa to define and enforce property rights. After delineating the types of actors who step in when the state is absent--traditional tribal leaders, entrepreneurial bureaucrats, NGOs, and violent groups--she argues that the institutions they develop can be helpful or predatory depending on their incentives and context. Because such institutions are neither inherently good nor inherently bad, Joireman develops a set of measurement criteria to assess which types of property regimes and enforcement mechanisms are helpful and which are harmful to social welfare. By focusing on the varieties of property rights enforcement in Ghana, Kenya and Uganda, Joireman moves beyond simply evaluating the effectiveness of official property rights laws. Provocatively, she also challenges the premise that changes in property law will lead to changes in property rights on the ground. Indeed, states that change their property laws face challenges in implementation when they do not control the authority structures in local communities. Utilizing original research on the competitors to state power in Sub-Saharan Africa and the challenges of providing secure and defensible property rights, Where There is No Government is a sharp analysis of one of the most daunting challenges facing the African subcontinent today.
Author: Olufunmilayo B. Arewa
Publisher: Cambridge University Press
Published: 2021-07-29
Total Pages: 665
ISBN-13: 1009064223
DOWNLOAD EBOOKIn the digital era, many African countries sit at the crossroads of a potential future that will be shaped by digital-era technologies with existing laws and institutions constructed under conditions of colonial and post-colonial authoritarian rule. In Disrupting Africa, Olufunmilayo B. Arewa examines this intersection and shows how it encompasses existing and new zones of contestation based on ethnicity, religion, region, age, and other sources of division. Arewa highlights specific collisions between the old and the new, including in the 2020 #EndSARS protests in Nigeria, which involved young people engaging with varied digital era technologies who provoked a violent response from rulers threatened by the prospect of political change. In this groundbreaking work, Arewa demonstrates how lawmaking and legal processes during and after colonialism continue to frame contexts in which digital technologies are created, implemented, regulated, and used in Africa today.
Author: Tembeka Ngcukaitobi
Publisher: Penguin Books
Published: 2018
Total Pages: 312
ISBN-13: 9781776092857
DOWNLOAD EBOOKThe Land Is Ours tells the fascinating story of South Africa's early black lawyers, and explores the relationship between the law and politics. It shows that the concept of a Bill of Rights, which is an international norm today, was pioneered by these black South African lawyers, and is particularly relevant in light of current debates about the Co
Author: Kojo Amanor
Publisher: Nordic Africa Institute
Published: 1999
Total Pages: 164
ISBN-13: 9789171064370
DOWNLOAD EBOOKThe report highlights the long history of commodification of land and labour in Ghana, linked to speculative activities and more recently to the activities of international capital, agribusiness, international agricultural centres, and agencies of the state. It makes the case for a new land, agrarian and natural resource regime that prioritises domestic economic needs to provide security of livelihood to the generality of the people.
Author: Ambreena Manji
Publisher: Boydell & Brewer
Published: 2020
Total Pages: 225
ISBN-13: 1847012558
DOWNLOAD EBOOKFinalist for the African Studies Association's 2021 Best Book Prize. Explores the limits of law in changing unequal land relations in Kenya.
Author: Doctor Ambreena Manji
Publisher: Zed Books Ltd.
Published: 2013-07-04
Total Pages: 140
ISBN-13: 1848137532
DOWNLOAD EBOOKAcross Africa land is being commodified: private ownership is replacing communal and customary tenure; Farms are turned into collateral for rural credit markets. Law reform is at the heart of this revolution. The Politics of Land Reform in Africa casts a critical spotlight on this profound change in African land economy. The book illuminates the key role of legislators, legal consultants and academics in tenure reform. These players exert their influence by translating the economic and regulatory interests of the World Bank, civil society groups and commercial lenders in to questions of law. Drawing on political economy and actor-network theory The Politics of Land Reform in Africa is an indispensable contribution to the study of agrarian change in developing countries.
Author: Frederick Owusu Boadu
Publisher: Academic Press
Published: 2016-04-27
Total Pages: 625
ISBN-13: 0128018453
DOWNLOAD EBOOKAgricultural Law in Sub-Saharan Africa: Cases and Comments introduces the subject of agricultural law and economics to researchers, practitioners, and students in common law countries in Sub-Saharan Africa, and presents information from the legal system in Botswana, Gambia, Ghana, Lesotho, Malawi, Nigeria, Sierra Leone, South Africa, Swaziland, Tanzania, Zambia, and Zimbabwe. The law and economics approach entails the use of quantitative methods in research. This is consistent with the expectations in an applied economics field such as agricultural economics. Covering the general traditional law topics in contracts, torts, and property, the book goes further to introduce cutting-edge and region-relevant topics, including contracts with illiterate parties, contract farming, climate change, and transboundary water issues. The book is supported by an extensive list of reference materials, as well as study and enrichment exercises, to deepen readers' understanding of the principles discussed in the book. It is a learning tool, first and foremost, and can be used as a stand-alone resource to teach the subject matter of agricultural law and economics to professionals new to the subject area as well as to students in law school, agricultural economics, economics, and inter-disciplinary classes. - Offers research findings on such topics as food safety, climate change, transboundary natural resources, international sale of goods, patents, and trademarks to highlight the future sources of pressure on the agriculture industry - Uses case-studies to provide real-world insights into the challenges and considerations of appropriate agricultural law development - Challenges readers to carry out their own research in their areas of study, and to gain some understanding of the relationship between law, economics, and statistics - Includes extensive resources, such as chapter summaries, study questions, and challenge questions at the end of each chapter to assist instructors and students in gaining full benefits from using the book - Provides separate instructor and student study guides, a test bank, and test bank answers, in hardcopy and electronic formats
