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Rights and Responsibilities in Rural South Africa

Author: Kathleen Rice

Publisher: Indiana University Press

Published: 2023

Total Pages: 198

ISBN-13: 0253066182

Rights and Responsibilities in Rural South Africa examines the gendered and generational conflicts surrounding social change in South Africa's rural Eastern Cape roughly twenty years after the end of Apartheid. In post-Apartheid South Africa, rights-based public discourse and state practices promote liberal, autonomous, and egalitarian notions of personhood, yet widespread unemployment and poverty demand that people rely closely on one another and forge relationships that disrupt the gendered and generational hierarchies framed as traditional and culturally authentic. Kathleen Rice examines the ways these tensions and restructurings lead to uncertainties about how South Africans should live together in their daily lives, with particular implications for understanding and responding to widespread gendered and sexual conflict and violence. Focusing particularly on the women of the village of Mhlambini, Rights and Responsibilities in Rural South Africa offers compelling portraits of how they experience and navigate widespread social and economic change and presents their experiences as a way of understanding how people navigate the moral ambiguities of contemporary South African life.

Land, Law and Chiefs in Rural South Africa

Author: William Beinart

Publisher: Wits University Press

Published: 2021-05-01

Total Pages: 294

ISBN-13: 1776146808

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This 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.

Intersectionality and Women’s Access to Justice in Africa

Author: J. Jarpa Dawuni

Publisher: Rowman & Littlefield

Published: 2022-10-17

Total Pages: 441

ISBN-13: 1793632685

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Intersectionality and Women's Access to Justice, edited by J. Jarpa Dawuni, propounds layered intersectionality as a paradigm for examining how gendered factors affect women's access to justice, whether as judges or litigants. Through intersectional and decolonial frameworks, the contributors analyze the lived experiences of women and their access to justice by situating the courtroom as both a spatial and a temporal arena for seeking justice (as litigants) and for seeking access to the bench (as judges). This book examines patterns of mutually reinforcing discriminatory practices that women share based on common gender identities and depending on which identities are at play at a given point in time in both traditional and statutory courts. The book provides recommendations for various justice sector providers.

Indigenous Peoples' Rights in Southern Africa

Author: Robert K. Hitchcock

Publisher: IWGIA

Published: 2004

Total Pages: 286

ISBN-13: 9788791563089

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This book is concerned with the first peoples (those people who are considered indigenous by themselves and others) of southern Africa such as the San, the Nama, and the Khoi, and their rights. Although living in democratic countries like Namibia, South Africa, Zimbabwe, and Botswana --and in principle sharing the same rights and responsibilities as the rest of the population--practice shows that these peoples more often than not are at the margins of the societies in which they live; they often face extreme poverty, and they frequently are subjected to discriminatory treatment and exposed to all kinds of human rights abuses. Robert K. Hitchcock is professor of anthropology and geography at the University of Nebraska-Lincoln, USA. He has done extensive research and development work in southern Africa in general and among San peoples in particular. Diana Vinding is an anthropologist working with the International Work Group for Indigenous Affairs (IWGIA) in Copenhagen.

Futures for Southern Africa

Author: Steve Kibble

Publisher: CIIR

Published: 2004

Total Pages: 24

ISBN-13: 9781852873042

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Rights to Land

Author: William Beinart

Publisher: Jacana Media

Published: 2017

Total Pages: 0

ISBN-13: 9781928232483

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The issue of land rights is an ongoing and complex topic of debate for South Africans. Rights to Land comes at a time when land redistribution by government is underway. This book seeks to understand the issues around land rights and distribution of land in South Africa and proposes that new policies and processes should be developed and adopted. It further provides an analysis of what went so wrong, and warns that a new phase of restitution may ignite conflicting ethnic claims and facilitate elite capture of land and rural resources. While there are no quick fixes, the first phase of restitution should be completed and the policy then curtailed. The book argues that land ownership and administration is important to rural democracy and that this should not be placed under the control of traditionalist intermediaries. Land restitution, initiated in 1994, was an important response to the injustices of the apartheid era. But it was intended as a limited and short-term process - initially to be completed in five years. It may continue for decades, creating uncertainty and undermining investment into agriculture. Rights to Land is published in partnership with Good Governance Africa (GGA).

Rights Resources and Rural Development

Author: Christo Fabricius

Publisher: Earthscan

Published: 2013-01-11

Total Pages: 300

ISBN-13: 1849772436

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Community-based natural resource management (CBNRM) is an approach that offers multiple related benefits: securing rural livelihoods; ensuring careful conservation and management of biodiversity and other resources; and empowering communities to manage these resources sustainably. Recently, however, the CBNRM concept has attracted criticism for failing in its promise of delivering significant local improvements and conserving biodiversity in some contexts. This book identifies the flaws in its application, which often have been swept under the carpet by those involved in the initiatives. The authors analyse them, and propose remedies for specific circumstances based on the lessons learned from CBNRM experience in southern Africa over more than a decade. The result is essential reading for all researchers, observers and practitioners who have focused on CBNRM in sustainable development programmes as a means to overcome poverty and conserve ecosystems in various parts of the globe. It is a vital tool in improving their methods and performance. In addition, academics, students and policy-makers in natural resource management, resource economics, resource governance and rural development will find it a very valuable and instructive resource.