Land Law in African Countries

Land Law in African Countries

Author: Oleg Igorevich Krassov

Publisher: XSPO

Published:

Total Pages: 377

ISBN-13: 5001562554

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The monograph studies the key aspects of land law of African countries, customary land tenure laws, customary rights to water, forest, cattle grazing; the influence of colonial epoch on customary land tenure systems, and the rights of African women to land. Characteristic features of land and water rights under Islamic law are provided. The current state of formal land law in the countries of North, West, Central, and East Africa is analyzed, including the following: the right of ownership to land and other natural resources, types of various rights to land and natural resources, and the relationship of formal law and customary land tenure systems. For students, graduate students and teachers of law schools, employees of legislative, executive and judicial authorities, as well as for all those interested in land, civil law and comparative legal studies.


Evaluation of Innovative Land Tools in Sub-Saharan Africa

Evaluation of Innovative Land Tools in Sub-Saharan Africa

Author: P. van Asperen

Publisher: IOS Press

Published: 2014-09-17

Total Pages: 320

ISBN-13: 1614994447

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Sub-Saharan Africa is urbanizing rapidly, but most countries lack appropriate tools to manage their urban growth. This creates both risks and opportunities for prospective land holders, resulting in a tangle of insecure land rights and claims under multiple tenure systems. Recently, innovative land tools have been proposed and implemented to formalize land tenure. It is envisaged that tenure security for land holders will increase and in turn contribute to poverty reduction. This study evaluates such tools in three peri-urban areas in Lusaka (Zambia), Oshakati (Namibia) and Gaborone (Botswana), with a focus on the perspective of the land holders. The author concludes that the tools are to some extent pro-poor, and makes recommendations for further improvements. These innovative land tools are also considered a necessary addition to conventional and administration tools. This study makes valuable reading for academics, policy makers and practitioners within the land administration domain and related disciplines.


Land Law Reform in Eastern Africa: Traditional or Transformative?

Land Law Reform in Eastern Africa: Traditional or Transformative?

Author: Patrick McAuslan

Publisher: Routledge

Published: 2013-06-26

Total Pages: 308

ISBN-13: 113461635X

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Land Law Reform in East Africa reviews development and changes in the statutory land laws of 7 countries in Eastern Africa over the period 1961 – 2011. The book is divided into two parts. Part 1 sets up the conceptual framework for consideration of the reforms, and pursues a contrast between transformational and traditional developments; where the former aim at change designed to ensure social justice in land laws, and the latter aim to continue the overall thrust of colonial approaches to land laws and land administration. Part 2 provides an in-depth and critical survey of the land law reforms introduced into each country during the era of land law reform which commenced around 1990. The overall effect of the reforms has, Patrick McAuslan argues, been traditional: it was colonial policy to move towards land markets, individualisation of land tenure and the demise of customary tenure, all of which characterise the post 1990 reforms. The culmination of over 50 years of working in this area, Land Law Reform in East Africa will be invaluable reading for scholars of land law, and of law and development more generally.


Normative Spaces and Legal Dynamics in Africa

Normative Spaces and Legal Dynamics in Africa

Author: Katrin Seidel

Publisher: Routledge

Published: 2020-06-09

Total Pages: 288

ISBN-13: 1000060969

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African legal realities reflect an intertwining of transnational, regional, and local normative frameworks, institutions, and practices that challenge the idea of the sovereign territorial state. This book analyses the novel constellations of governance actors and conditions under which they interact and compete. The work follows a spatial approach as the emphasis on normative spaces opens avenues to better understand power relations, processes of institutionalization, and the production of legitimacy and normativities themselves. Selected case studies from thirteen African countries deliver new empirical data and grounded insights from, and into, particular normative spaces. The individual chapters explore the interrelationships between various normative orders, diverse actors, and their influences. The encounters between different normative understandings and actors open up space and multiple forums for negotiating values. The authors analyse how different doctrines, institutions, and practices are constructed, contested, negotiated, and adapted in translation processes and thereby continuously reshape Africa’s multidimensional normative spaces. The volume delivers nuanced views of jurisprudence in Africa and presents an excellent resource for scholars and students of anthropology, legal geography, legal studies, sociology, political sciences, international relations, African studies, and anyone wishing to gain a better understanding of how legal constellations are shaped by unreflected assumptions about the state and the rule of law.


Contemporary Customary Land Issues in Africa

Contemporary Customary Land Issues in Africa

Author: J. Oloka-Onyango

Publisher: Cambridge Scholars Publishing

Published: 2018-07-26

Total Pages: 262

ISBN-13: 1527514374

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This book examines current trends in customary land issues in Africa, focusing on the practice of converting customary land into leasehold tenure, particularly in Zambia. Since the enactment of the 1995 Lands Act No. 29 in Zambia, conversion of customary land has become a controversial policy, raising questions about the future of customary land and rural communities, and the role of traditional authorities in a changing environment. Alienating customary land into leasehold tenure has serious implications for local and national politics and gender dynamics. Analysis of these trends suggests that the policy of creating land markets on customary land is subjecting customary systems to the forces of change. However, governments that have adopted this policy have not, by and large, adopted measures to respond to these challenges. Although customary tenure is widely believed to be resilient, it is not clear how the customary system will navigate the current winds of change. Chapters in this book draw from the Land Use and Rural Livelihoods in Africa Project (LURLAP), a collaborative research project undertaken by staff and students at the University of Cape Town and the University of Zambia.


Decentralization, Democracy, and Development in Africa

Decentralization, Democracy, and Development in Africa

Author: Jan Erk

Publisher: Routledge

Published: 2018-12-07

Total Pages: 222

ISBN-13: 1351259504

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Decentralization reforms introduced to Africa in the 1990s have not always delivered the intended long-term outcomes. This is a collection on the consequences of these reforms two decades on. In addition to general and comparative overviews, the book contains case studies on Ghana, Senegal, Zimbabwe, Namibia, Ethiopia, and Uganda. The common theme across the chapters is that the reforms seem to have engendered political consequences beyond decentralization itself – mostly through interaction with the broader historical, political, social, and economic context. The book thus speaks both to the scholarly literature (on decentralization, democratization, and development) and to the community of development practitioners. Most of the literature on decentralization and development emphasizes questions of institutional design and policy, but here the harder-to-pin-down political patterns marking the workings of decentralization are the main focus of analysis. The debates on development, through the case studies, are connected to the scholarly literatures on comparative federalism, comparative decentralization, and local democracy. The main conclusion that emerges from the studies in the book is that no magic formula that can turn countries into peaceful, stable, and prosperous democracies overnight exists. Furthermore, there are risks involved in importing formal institutions without regard to the local historical, political, social, and economic context. The chapters of this book were originally published as a special issue in Regional and Federal Studies.


Critical Issues in Nigerian Property Law

Critical Issues in Nigerian Property Law

Author: Agbe Utuama

Publisher: African Books Collective

Published: 2016-07-25

Total Pages: 282

ISBN-13: 9875477540

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Critical Issues in Nigerian Property Law, a collection of writings in honour of Professor Jelili Adebisi Omotola, SAN, a former Vice Chancellor of the University of Lagos, who died on the 29th of March 2006, has ten chapters that closely examine not only the current state of Property Law in Nigeria, but also recent developments and other challenges that have surfaced since the infamous Land Use Act of 1999. The book is clearly a useful contribution to a growing body of knowledge on property law and practice in Nigeria.