customary law

Reports & Research
December 2002
South Africa

Customary Law has been a subordinate element in the South African legal order in that it was subject to state legislation, certain Courts could not take judicial notice of it, and it could be applied only if compatible with principles of public policy and natural justice. These were the requirements of the so-called “Repugnancy Proviso”. In addition customary law was subordinate to Roman-Dutch common law and the common law provided the model to which customary law was expected to conform. In fact all legal analysis or comments on customary law are mediated by western legal categories.

Reports & Research
December 2004
South Africa

This paper is concerned primarily with the functions of land administration. Its
purpose is to describe the current land administration practices as understood by
traditional structures with a view to unpacking some of the components of the existing
African tenure arrangements in KwaZulu-Natal. This, it is hoped, will help to create a
base to understand how communal land systems operate, regardless of which structure
governs them, in order to support practices that secure tenure effectively.

Journal Articles & Books
February 2016
India

This book made an attempt to bring together various legislative protections available to the tribals communities pertaining to the land and governance in the scheduled areas and the role of different institutions to achieve the goals enshrined in the Constitution. It examined the Fifth Schedule of the Constitution and its various provisions and special arrangements made for areas inhabited by Scheduled Tribes and the law relating to local self governance in these areas, primarily through village panchayat-an institution of local self governance.

SLE_
Reports & Research
March 2017
Africa
Zambia

Despite extensive research into rural development in sub-Saharan Africa, little is known about structural transformation1 in rural areas on the continent. Zambia was chosen as one of three case study countries2 in order to identify and to analyse rural transformation processes and their main influencing forces aiming at defining strategies and measures to influence such processes towards social inclusiveness and environmental sustainability until 2030.
Zambia shows a persisting copper-dependent mono-structure with selective transformation processes

The role of culture
Journal Articles & Books
October 2014
Zambia

In their quest for economic development through increased private investment, many developing countries are reformulating land policies to pave way for the transformation of communal land rights into private property. However, these customary land reform efforts have often been frustrated by indigenous people who feel such proposals threaten rural livelihoods and undermine the traditional political structures. Most of the research on this subject has focused on whether, how and/or to what extent the objectives of land reforms (e.g.

Legal pluralism
Journal Articles & Books
February 2016
Zambia

The purpose of the research is to: 1) investigate the interpretation of the sections in the Lands Act of 1995 that provide for the statutory recognition on one hand, and conversion of customary land, on the other; and 2) discuss the effects of the said sections on customary landholders. Methodologically, qualitative methods (largely in-depth interviews) were used to conclude that governments in sub-Sahara Africa are the architects of tenure insecurity because they (knowingly or otherwise) enact laws that are contradictory or conflicting in nature.

Reports & Research
October 2015
Zambia

The past decade has ushered in an era of increasingly contentious land politics in Zambia, with investors, the government, and chiefs simultaneously blamed for injustices in land allocation. These conflicts over land have been exacerbated, and at times caused by the lack of transparency and available data on the status of land. While a variety of actors has real grievances with the security and efficiency of the current system of land allocation, smallholder farmers bear the brunt of the risk of continuing the status quo in land policy.

liberia agricultural landscape
3 August 2017
Liberia

Monrovia - The Civil Society Working Group on Land Rights Reforms has expressed its dismay over the exclusion of CSOs and Liberians from the legislative consultative forum over the Land Rights Act between the Liberian Land Authority (LLA), lawmakers and other stakeholders.