Rosalie Kingwill - Böcker

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.

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.

Notions of land and agrarian reform are now well entrenched in post-apartheid South Africa. But what this reform actually means for everyday life is not clearly understood, nor the way it will impact on the political economy. In the Shadow of Policy explores the interface between the policy of land and agrarian reform and its implementation; and between the decisions of policy 'experts' and actual livelihood experiences in the fields and homesteads of land reform projects.Starting with an overview of the socio-historical context in which land and agrarian reform policy has evolved in South Africa, the volume presents empirical case studies of land reform projects in the Northern, Western and Eastern Cape provinces. These draw on multiple voices from various sectors and provide a rich source of material and critical reflections to inform future policy and research agendas.In the Shadow of Policy will be a key reference tool for those working in the area of development studies and land policy, and for civil society groups and NGOs involved in land restitution.