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.
- Full Text:
- Date Issued: 2009
Locating the institution of traditional leadership within the institutional framework of South Africa's new democracy
- Authors: Mashele, Hlukanisa Prince
- Date: 2003
- Subjects: Tribal government -- South Africa , Political leadership -- South Africa , South Africa -- Politics and government -- 1994-
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:2858 , http://hdl.handle.net/10962/d1007512 , Tribal government -- South Africa , Political leadership -- South Africa , South Africa -- Politics and government -- 1994-
- Description: This study looks into the role of the institution of traditional leadership in post-apartheid South Africa. It seeks to critically engage the debate on how to locate the institution within the new politico-constitutional framework. This is done with the main objective of proposing an altemative to the current state of affairs vis-à-vis traditional leadership and governance in South Africa. In order to clear the ground, the study first deals with the important question of democracy in relation to the institution of traditional leadership. In this regard, the study unearthed that the institution of traditional leadership is fundamentally undemocratic in character, as it is largely based on heredity and devoid of principles of democracy such as equality, accountability, etc. In order to put matters into perspective the study also delves into the history of the institution of traditional leadership with the aim of getting to the role that traditional leaders played in various epochs of South Africa's political development. This investigation reveals that the denting of the integrity of the institution of traditional leadership began with the advent of colonialism and worsened by successive apartheid regimes. It is at these stages of development that the institution was subordinated to a higher authority that sought to use the institution as an instrument of domination and oppression of the black majority. Considering this role, it would seem that the place that the space that the institution occupies in the post-apartheid South African governance framework is a compromise. The institution plays an advisory role at all levels of government - with their houses in both national and provincial legislatures, whilst traditional leaders sit as ex-officio members on local councils. However, traditional leaders fiercely contest this position as, in their view, this limits their powers. The main argument of this study is that for traditional leaders to be given an advisory role in the current and future governance framework of the country is a step in the right direction, as that serves to insulate the institution from active politics. For that reason, the study recommends that the institution of traditional leadership should occupy a cultural space in society - meaning that it should be responsible for the preservation of African customs and culture. This, therefore, means that the institution is better-placed to advise government on cultural and customary aspects of development. Whilst playing this role, the institution of traditional leadership should also -be brought into line with democratic ways of governance.
- Full Text:
- Date Issued: 2003