Overview

Land tenure rights are a burning issue in South Africa, as in Africa more widely. Land, Power, and Custom explores the implications of the controversial 2004 Communal Land Rights Act, criticized for reinforcing the apartheid power structure and ignoring the interests of the common people. This compilation of essays and case studies written by experts navigates through competing viewpoints to discuss the tensions between the new democratic government and traditional tribal leaders, the land rights of affected yet isolated or marginalized groups, and concerns about the constitutionality of the CLRA itself. A DVD accompanying the book contains the affidavits of four communities challenging the Act, pleadings, hearings, and submissions, as well as the entire body of South African legislation involved in this challenge, dating back to the late nineteenth century.

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9780821418734

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Reviews

It is ironic that our government, that is so concerned about growing inequality, would continue to support the disempowerment of women and rural people by passing laws that reinforce apartheid boundaries and power relations in so-called 'communal areas.' This is an important book for all citizens concerned with fighting inequality. -- Mamphela Ramphele, Medical doctor, scholar, and anti-apartheid activist

.. . an outstanding collection of essays of great interest and value to all those concerned with these issues across Africa, as the continent searches for tenure security in the context of development, and for the appropriate role and meaning of the customary within democratic, rights-based governance. -- Martin Chanock, La Trobe University

Author Information

Aninka Claassens is a land rights activist and researcher and writer on land rights and customary tenure. Ben Cousins holds a chair in development management at the University of the Western Cape, and is director of the Programme for Land and Agrarian Studies (PLASS).

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