2008Unpublished venueOpen access

Land, power & custom : controversies generated by South Africa's Communal Land Rights Act

Aninka Claassens, Ben Cousins

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Abstract

Contextualising the controversies: dilemmas of communal tenure reform in post-apartheid South Africa An overview of the Communal Land Rights Act 11 of 2004 Tagging the Bill, gagging the provinces: the Communal Land Rights Act in Parliament The nature of land rights under indigenous law in Africa Characterising 'communal' tenure: nested systems and flexible boundaries 'Official' vs 'living' customary law: dilemmas of description and recognition Women, land and power: the impact of the Communal Land Rights Act Custom-building freehold title: the impact of family values on historical ownership in the Eastern Cape Contested terrain: land rights and chiefly power in historical perspective Chiefs and the ANC in South Africa: the reconstruction of tradition? Power, accountability and apartheid borders: the impact of recent laws on struggles over land rights The Kalkfontein land purchases: eighty years on and still struggling for ownership Stealing restitution and selling land allocations: Dixie, Mayaeyane and Makuleke Customary law and zones of chiefly sovereignty: the impact of government policy on whose voices prevail in the making and changing of customary law Index.

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Contextualising the controversies: dilemmas of communal tenure reform in post-apartheid South Africa An overview of the Communal Land Rights Act 11 of 2004 Tagging the Bill, gagging the provinces: the Communal Land Rights Act in Parliament The nature of land rights under indigenous law in Africa Characterising 'communal' tenure: nested systems and flexible boundaries 'Official' vs 'living' customary law: dilemmas of description and recognition Women, land and power: the impact of the Communal Land Rights Act Custom-building freehold title: the impact of family values on historical ownership in the Eastern Cape Contested terrain: land rights and chiefly power in historical perspective Chiefs and the ANC in South Africa: the reconstruction of tradition? Power, accountability and apartheid borders: the impact of recent laws on struggles over land rights The Kalkfontein land purchases: eighty years on and still struggling for ownership Stealing restitution and selling land allocations: Dixie, Mayaeyane and Makuleke Customary law and zones of chiefly sovereignty: the impact of government policy on whose voices prevail in the making and changing of customary law Index.

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Contextualising the controversies: dilemmas of communal tenure reform in post-apartheid South Africa An overview of the Communal Land Rights Act 11 of 2004 Tagging the Bill, gagging the provinces: the Communal Land Rights Act in Parliament The nature of land rights under indigenous law in Africa Characterising 'communal' tenure: nested systems and flexible boundaries 'Official' vs 'living' customary law: dilemmas of description and recognition Women, land and power: the impact of the Communal Land Rights Act Custom-building freehold title: the impact of family values on historical ownership in the Eastern Cape Contested terrain: land rights and chiefly power in historical perspective Chiefs and the ANC in South Africa: the reconstruction of tradition? Power, accountability and apartheid borders: the impact of recent laws on struggles over land rights The Kalkfontein land purchases: eighty years on and still struggling for ownership Stealing restitution and selling land allocations: Dixie, Mayaeyane and Makuleke Customary law and zones of chiefly sovereignty: the impact of government policy on whose voices prevail in the making and changing of customary law Index.

Key concepts: Customary land, Land law, Freehold, Land tenure, Communal land, Political science, Indigenous rights, Parliament

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