Land, law and chiefs in rural South Africa : contested histories and current struggles

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 book debates the emergent proprieties of rural and peri-urban South Africa since land and agrarian reforms were initiated after the transition to democracy in 1994. It explores how these reforms have broadened options for the use of land and natural resources. Reform-minded policies in South Africa have assumed that if access to land and other natural resources is less problematic, the use of these resources would be intensified which in turn would alter the structure and dynamic of rural and urban poverty. Reforming Land and Resource Use in South Africa examines in detail, and from several disciplinary perspectives, whether and how this has occurred, and if not, why not. A key argument that this collection pursues is whether land reform has resulted in transformed use of natural (i.e. land, crops, cattle, rangeland, wild products etc.) and other strategic resources (labour, knowledge, institutions, networks etc.), and the value communities and household place on them. The contributions explore a combination of new or alternative meanings of land, including a look beyond crops and cattle per se to include the collection and selling of wild products, as well as a discussion of how land for agriculture has become redefined by land reform beneficiaries as urban land, for settlement and urban employment opportunities, in addition to urban-based agricultural activities. Unlike most analyses and commentaries on land reform, this book pursues an analysis of land reform dynamics at various levels of aggregation. National and regional level analyses of poverty and the ramifications of the property clause are combined with analyses at disaggregate levels such as the land reform project or village. The book will be of interest to both researchers and policy makers with an interest in rural development and social change. 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 recognises 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 analyse 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 collection illustrates contestations over land, restitution, chieftaincy, customary law and history in South Africa's rural areas. Intense disputes are taking place around such issues as who 'owns' the land and mineral resources, and who can make decisions about their use. Case studies focus especially on disputes that have come to court This book explores the debates surrounding land and agrarian reform in South Africa and explores how these reforms, and particular those that make access easier, have created new options for and broadened the use of land and natural resources.