Rights And Responsibilities In Rural South Africa

Rights and Responsibilities in Rural South Africa examines the gendered and generational conflicts surrounding social change in South Africa's rural Eastern Cape roughly twenty years after the end of Apartheid. In post-Apartheid South Africa, rights-based public discourse and state practices promote liberal, autonomous, and egalitarian notions of personhood, yet widespread unemployment and poverty demand that people rely closely on one another and forge relationships that disrupt the gendered and generational hierarchies framed as traditional and culturally authentic. Kathleen Rice examines the ways these tensions and restructurings lead to uncertainties about how South Africans should live together in their daily lives, with particular implications for understanding and responding to widespread gendered and sexual conflict and violence. Focusing particularly on the women of the village of Mhlambini, Rights and Responsibilities in Rural South Africa offers compelling portraits of how they experience and navigate widespread social and economic change and presents their experiences as a way of understanding how people navigate the moral ambiguities of contemporary South African life.

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.

Intersectionality and Women's Access to Justice, edited by J. Jarpa Dawuni, propounds layered intersectionality as a paradigm for examining how gendered factors affect women's access to justice, whether as judges or litigants. Through intersectional and decolonial frameworks, the contributors analyze the lived experiences of women and their access to justice by situating the courtroom as both a spatial and a temporal arena for seeking justice (as litigants) and for seeking access to the bench (as judges). This book examines patterns of mutually reinforcing discriminatory practices that women share based on common gender identities and depending on which identities are at play at a given point in time in both traditional and statutory courts. The book provides recommendations for various justice sector providers.

This book investigates how customary practices in South Africa have led to negotiation and contestation over human rights, gender and generational power. Drawing on a range of original empirical studies, this book provides important new insights into the realities of regulating personal relationships in complex social fields in which customary practices are negotiated. This book not only adds to a fuller understanding of how customary practices are experienced in contemporary South Africa, but it also contributes to a large discussion about the experiences, impact and ongoing negotiations around changing structures of gender and generational power and rights in contemporary South Africa. It will be of interest to researchers across the fields of sociology, family/customary law, gender, social policy and African Studies.

The issue of land rights is an ongoing and complex topic of debate for South Africans. Rights to Land comes at a time when land redistribution by government is underway. This book seeks to understand the issues around land rights and distribution of land in South Africa and proposes that new policies and processes should be developed and adopted. It further provides an analysis of what went so wrong, and warns that a new phase of restitution may ignite conflicting ethnic claims and facilitate elite capture of land and rural resources. While there are no quick fixes, the first phase of restitution should be completed and the policy then curtailed. The book argues that land ownership and administration is important to rural democracy and that this should not be placed under the control of traditionalist intermediaries. Land restitution, initiated in 1994, was an important response to the injustices of the apartheid era. But it was intended as a limited and short-term process - initially to be completed in five years. It may continue for decades, creating uncertainty and undermining investment into agriculture. Rights to Land is published in partnership with Good Governance Africa (GGA).

The World Heritage community is currently adopting policies to mainstream human rights as part of a wider sustainability agenda. This interdisciplinary book combines a state of the art review of World Heritage policy and practice at the global level with ethnographic case studies from the Asia-Pacific region by leading scholars in the field. By joining legal reviews, anthropology and practitioner experience through in-depth case studies, it shows the diversity of human rights issues in both natural and cultural heritage sites. From site-designation to their conservation and management, the book explores the various rights issues and analyses the diverse social, cultural and legal challenges and responses at both regional and global level. Detailed case studies are included from Australia, Cambodia, China, Malaysia, Myanmar, Nepal, the Philippines and Vietnam. The book will appeal to both natural and cultural heritage professionals and human rights and heritage scholars, and will serve as a useful compendium for courses use allowing students to compare, contrast and contextualize different contexts.