Bare life in the Bantustans (of the Eastern Cape): re-membering the centinnial South African nation-state
- Authors: Westaway, Ashley
- Date: 2009
- Subjects: Democracy -- South Africa , Homelands (South Africa) , Apartheid -- South Africa , Right of property -- South Africa
- Language: English
- Type: Thesis , Doctoral , PhD (History)
- Identifier: vital:11535 , http://hdl.handle.net/10353/149 , Democracy -- South Africa , Homelands (South Africa) , Apartheid -- South Africa , Right of property -- South Africa
- Description: This thesis argues that 1994 did not mark a point of absolute discontinuity in the history of South Africa. More specifically, it asserts that 1994 did not signal the end of segregationism; instead of democracy leading to national integration, the Bantustans are still governed and managed differently from the rest of the country. Consequently, it is no surprise that they remain mired in pervasive, debilitating poverty fifteen years after 1994. In insisting that contemporary South Africa is old (rather than new), the thesis seeks to make a contribution to political struggles that aim to bring to an end the segregationist past-in-the-present. The thesis is arranged in seven chapters. The first chapter considers the crisis that has engulfed South Africa historiography since 1994. It traces the roots of the crisis back to some of the fundamentals of the discipline of history, such as empiricism, neutrality and historicism. It suggests that the way to end the crisis, to re-assert the relevance of history, is for historians to re-invoke the practice of producing histories of the present, in an interested, deliberate manner. Chapter 2 narrows down the focus of the thesis to (past and present) property. It suggests that instead of understanding the constitutional protection of property rights and installation of a restitution process as the product of a compromise between adversarial negotiators, these outcomes are more correctly understood as emanating from consensus. The third chapter outlines the implementation of the restitution programme from 1994 to 2008. The productive value of restitution over this period is found not in what it has delivered to the claimants (supposedly the beneficiaries of the programme), but rather in its discursive effects related to citizenship in the new South Africa. Chapter 4 considers the exclusion of dispossession that was implemented in the Bantustans from the restitution programme. It argues that this decision was not an oversight on the part of the post-1994 government. Instead it was consistent with all other key policy decisions taken in the recent period. The Bantustans have been treated differently from the rest of South Africa; they have been deliberately under-developed, fabricated as welfare zones, and subjected to arbitrary customary rule. Whereas Chapters 2 to 4 look at the production of historical truth on the side of domination, Chapter 6 and 7 consider production on the side of resistance. Specifically, they describe and analyse the attempts of an NGO to establish the truths of betterment as dispossession, and post-1994 prejudice against the victims of betterment dispossession. They serve as case studies of third party-led processes that seek to produce truth-effects from within a prevailing truth regime. The final chapter attempts to bring many of the threads that weave through the thesis together, by means of a critical consideration of human rights discourse. The chapter calls on intellectuals to establish truths in relation to the history of ongoing human wrongs in South Africa (as opposed to the rainbow narrative of human rights) Finally, the thesis includes a postscript, comprising technical summaries of each of the chapters.
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Traditional leadership and the use of cultural laws in land administration: implications for rural women's land rights in a transforming South Africa
- Authors: Ntwasa, Bayanda
- Date: 2009
- Subjects: Land tenure -- South Africa , Rural women -- South Africa , Tribal government -- South Africa , Land use, Rural -- South Africa , Right of property -- South Africa , Women's rights -- South Africa , Chiefdoms -- South Africa , Political leadership -- South Africa
- Language: English
- Type: Thesis , Masters , M Soc Sc (Rural Development)
- Identifier: vital:11938 , http://hdl.handle.net/10353/134 , Land tenure -- South Africa , Rural women -- South Africa , Tribal government -- South Africa , Land use, Rural -- South Africa , Right of property -- South Africa , Women's rights -- South Africa , Chiefdoms -- South Africa , Political leadership -- South Africa
- Description: This dissertation critically examines how traditional leaders use cultural laws to allocate land to women and to allow women to participate in land administration in communal areas. Given the government's commitment to gender equity in all spheres of life as stipulated in Section 9 (3) of the South African Constitution (Act 108 of 1996), the dissertation examines whether related legislation and policy (such as CLARA and TLGFA) alone can guarantee equitable access to land for women and their participation in land administration structures in communal areas where patriarchy dominates. In essence, the study interrogates whether state intervention through formalizing laws that govern land matters do achieve gender equity while cultural laws still exist in communal areas. Based on the view that land in communal areas is held by the state and administered by traditional leaders who have historically discriminated against women, the dissertation employs a case study method to examine whether cultural laws are exercised when women apply for a piece of land at the three levels of traditional authority viz: village, sub-village and traditional council levels in the Matolweni village of the Nqadu Tribal Authority. Although women are often the de facto rights holders in rural areas as a result of male migration to urban areas, findings seem to indicate that it is difficult and/or sometimes impossible to translate paper laws into practice while cultural laws are still operating. For effective transformation to occur, the study recommends that unless a strong women's rural movement emerges, coupled with a socialist feminist position that advocates for a radical transformation of rural society to defeat the patriarchal norms and standards, traditional leaders will continue to discriminate against women in land issues.
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