Results for customary law

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Kenya set to appoint first female chief justice at sensitive moment
Kenya set to appoint first female chief justice at sensitive momentArticle

Kenyan judge Martha Koome has defended dissidents and helped to write women's rights into the constitution - now she's on track to be the first female chief justice in a country where the role is particularly sensitive...

Duncan Miriri 11 May 2021

The community of Xolobeni village, in the Eastern Cape, succeesfully challenged the mining of their land in the High Court in 2018. Rogan Ward © Sunday Times.
Law protecting interests of South African communities in mining deals falls shortArticle

The impact of mining operations on rural communities is a contentious issue in South Africa. There is also concern about the manner in which communities are consulted about mining on their land...

14 Apr 2021

Committee adopts report on land tenure rights bill
Committee adopts report on land tenure rights billArticle

The Portfolio Committee on Agriculture, Land Reform and Rural Development (National Assembly) has adopted the Report on the Upgrading of Land Tenure Rights Amendment (ULTRA) Bill...

4 Nov 2020

JSE and FedEx Express win big at 17th Annual Standard Bank Top Women Awards 2020
JSE and FedEx Express win big at 17th Annual Standard Bank Top Women Awards 2020Article

Topco Media is thrilled to announce the winners for this year's prestigious Standard Bank Top Women Awards...

Issued by Topco Media 6 Oct 2020

National Assembly passes Sexual Offences Amendment Bill
National Assembly passes Sexual Offences Amendment BillArticle

Justice and Correctional Services Minister Ronald Lamola has welcomed the National Assembly's decision to pass two amendment bills to remedy laws, which have had deeply layered patriarchal effects on society...

11 Jun 2020

Court victory for "invisible, undocumented children"
Court victory for "invisible, undocumented children"Article

In a victory for "invisible, undocumented children", unwed fathers will soon be able to register the births of their children without the mother being present or giving consent...

Tania Broughton 22 May 2020

Traditional and Khoi-San Leadership Act signed into law
Traditional and Khoi-San Leadership Act signed into lawArticle

President Cyril Ramaphosa has signed into law the Traditional and Khoi-San Leadership Act which constitutes the nation's unprecedented statutory recognition of the Khoi-San communities, leaders and structures...

29 Nov 2019

Eleventh-hour delay in court case involving King Goodwill Zwelithini
Eleventh-hour delay in court case involving King Goodwill ZwelithiniArticle

A politically-charged court case involving millions of rands in rent paid to a trust headed by Zulu King Goodwill Zwelithini has been postponed at the last moment...

Tony Carnie 20 Nov 2019

An estimated R5bn in income to the Bakgatla community cannot be accounted for. Archive photo: Ashraf Hendricks
The chief, the mines and the lost Bakgatla billionsArticle

After two years of investigations of the flow of billions of rands into and out of the Bakgatla ba Kgafela community, the work of the Baloyi Commission of Inquiry may come to nothing...

Wilmien Wicomb 28 Oct 2019

Customary Marriages Amendment Bill goes to Parliament
Customary Marriages Amendment Bill goes to ParliamentArticle

Cabinet has approved the submission of the Recognition of Customary Marriages Amendment Bill of 2019 to Parliament...

25 Jul 2019

Mining activities in South Africa’s rural areas tend to occur at the expense of local communities and the environment. Shutterstock
How South Africa's rural communities are getting a raw deal from miningArticle

Some of the most profitable South African mines are situated in the areas of the country that are home to traditional communities and are governed in terms of customary law...

Llewellyn Leonard 15 Jul 2019

Economic empowerment of women is good for all
Economic empowerment of women is good for allArticle

Government staffer Souhayata Haidara enjoys talking about her life in a patriarchal society. Her career is a triumph of patience and perseverance...

Kingsley Ighobor 26 Apr 2019

Image: Richards Bay Minerals
Dirty deeds: how to stop Australian miners abroad being linked to death and destructionArticle

Australian companies dominate African mining. The Department of Foreign Affairs and Trade counts 175 ASX-listed companies operating in 35 African countries...

Julia Dehm 17 Apr 2019

Nominations open for positions on Khoi-San Commission
Nominations open for positions on Khoi-San CommissionArticle

Cooperative Governance and Traditional Affairs (Cogta) Minister Zweli Mkhize has invited the public to nominate persons who may be considered for appointment as members of the Commission on Khoi-San Matters...

10 Apr 2019

The Xolobeni Conundrum: Land vs Mining Rights
The Xolobeni Conundrum: Land vs Mining RightsArticle

Mining is one of the major contributors to South Africa's economy. In recent months, South African courts have seen a series of judgments which pronounce and set legal precedent on the question of conflict of use between mining rights and rights to land...

Athi Jara and Bongani Memani 6 Mar 2019

Why South African community's win against mining company matters
Why South African community's win against mining company mattersArticle

A South African High Court has passed an important judgment putting a stop to the pervasive practice by companies to mine ancestral lands...

Sonwabile Mnwana 14 Dec 2018

Xolobeni community members celebrated at the North Gauteng High Court after Judge Annali Basson ruled that the Department of Mineral Resources has to obtain consent from mining communities before granting a mining right to a company. Photo:Zoe Postman
Government and companies must obtain "full and informed" consent from communities before granting mining rights, says judgeArticle

The DMR has to obtain "full and informed" consent from communities under customary law before granting mining rights to companies...

Zoe Postman 23 Nov 2018

Food security in Africa depends on rethinking outdated water law
Food security in Africa depends on rethinking outdated water lawArticle

A new study has found that outdated, colonial-era water permit systems across Africa are unintentionally criminalising millions of small farmers who can't obtain permits...

Barbara van Koppen 14 Nov 2018

Why it took 49 years for Raymond Suttner to get his Masters
Why it took 49 years for Raymond Suttner to get his MastersArticle

Professor Raymond Suttner - an academic and former political prisoner - will finally graduate at the University of Cape Town, almost 50 years after his Master of Laws (LLM) degree thesis was submitted and subsequently rejected because it quoted a banned person...

5 Nov 2018

20 years on, has our National Water Act failed us?
20 years on, has our National Water Act failed us?Article

Late last month saw a reunion of sorts involving people who played leading roles in the process that led to the signature into law by President Mandela of the 1998 National Water Act...

John Dini 16 Oct 2018

Court gives community right to fish without permit
Court gives community right to fish without permitArticle

Can a local community governed by a system of customary law fish in a marine protected area without a permit? In a landmark decision, the Supreme Court of Appeal (SCA) has said it can...

Ohene Yaw Ampofo-Anti 7 Jun 2018

Ron McLaren, long-term insurance ombudsman
OLTI collected R193.3m for insurance claim complainants in 2017Article

The Ombudsman for Long-term Insurance (OLTI) collected R193.3m for complainants amid the strain of staff losses, says Ombudsman, Ron McLaren, ahead of the release of the body's 2017 Annual Report.

16 May 2018

The area where Sun International’s popular Fish River Sun resort used to be has been claimed by three communities. Image from
Why the Fish River Sun land claim case took 20 yearsArticle

On 10 April 2018, the Land Claims Court delivered judgment in a case involving three competing land claims...

Ohene Yaw Ampofo-Anti 24 Apr 2018

Six South African students receive FirstRand international scholarships
Six South African students receive FirstRand international scholarshipsArticle

The FirstRand Laurie Dippenaar and FirstRand Foundation postgraduate scholarship awards for 2017 have been awarded, in addition to a new award, the FirstRand Oxford African Studies scholarship...

31 May 2017

Collective land tenure is under threat in Kenya. Why it needs to be protected
Collective land tenure is under threat in Kenya. Why it needs to be protectedArticle

Pastoralism is the main production system practiced by communities who live in rangelands and dry lands which are usually arid or semi-arid. But pastoral communities are facing increasing pressure on their land...

Timothy Njagi Njeru 28 Mar 2017

SA formally withdrawing from ICC
SA formally withdrawing from ICCArticle

South Africa has formally requested to withdraw from the Rome Statute, a treaty that established the International Criminal Court (ICC)...

21 Oct 2016

Judicial candidates fail to cut mustard
Judicial candidates fail to cut mustardArticle

Interviews to fill vacancies on the bench got under way in Cape Town on Monday, 3 October 2016, with the Judicial Service Commission leaving open a position in the KwaZulu-Natal High Court, after three candidates - two senior counsel and a professor of constitutional law - failed to garner a majority of votes...

4 Oct 2016

King Dalindyebo's petition dismissed
King Dalindyebo's petition dismissedArticle

Justice and Correctional Services Minister Michael Masutha has dismissed the petition that has been submitted by lawyers representing the Abathembu King Buyelekhaya Dalindyebo to reopen the King's case in Mthatha High Court...

30 Dec 2015

Who owns space? US asteroid-mining act is dangerous and potentially illegal
Who owns space? US asteroid-mining act is dangerous and potentially illegalArticle

An event of cosmic proportions occurred on November 18 when the US congress passed the Space Act of 2015 into law...

Gbenga Oduntan 1 Dec 2015

South Africans braced for new confrontation with government over controversial law
South Africans braced for new confrontation with government over controversial lawArticle

SA rights organisations had hoped that they had won their battle to stop the controversial Traditional Courts Bill from becoming law last year...

Sindiso Mnisi Weeks 8 Jun 2015

Unease reigns as culture and the constitution collide in South Africa
Unease reigns as culture and the constitution collide in South AfricaArticle

King Zwelonke Sigcawu, the new king of amaXhosa, the second largest traditional grouping in South Africa, ascends to the throne at a time of heightened tension between culture and constitutional democracy in South Africa...

Thandabantu Nhlapo 18 May 2015

New publication explores relationship between photography and land
New publication explores relationship between photography and landArticle

A new publication, Transition, will launch at the Photo Workshop Gallery at the Market Theatre in Johannesburg on Wednesday 27 November 2013.

25 Nov 2013

Ghana's golden future
Ghana's golden futureArticle

Often referred to as the Gateway to Africa, Ghana has, over the past decade, witnessed a revival of its gold industry. Today, gold represents more than 80% of Ghana's mineral exports (2) and a significant source of currency.(3)

Sébastien Jadot 29 Jul 2013

World Bank report suggests measures to increase African prosperity
World Bank report suggests measures to increase African prosperityArticle

An estimated 202 million hectares of potential farmland, being nearly half of the world's usable, uncultivated land, exists in sub-Saharan Africa. Thus far, Africa has not been able to develop this land, which could be used to reduce poverty and increase growth, jobs and prosperity.

23 Jul 2013

A spouse by any other nameArticle

With the advent of our democratic constitution, and against a backdrop of universal secularisation, many social and political structural changes to our societal institutions have occurred over the last two decades.

Johann Jacobs 5 Nov 2012

Traditional Courts Bill must pass constitutional test - Radebe
Traditional Courts Bill must pass constitutional test - RadebeArticle

The Traditional Courts Bill would only be passed if it is in step with the Constitution, the Minister of Justice and Constitutional Development, Jeff Radebe, said on Tuesday, 16 October 2012.

17 Oct 2012

Nabbed fishermen claim customary rights to harvest fishArticle

A Wild Coast community, reports Business Day, has told a magistrate that the community's fishing tradition and its customary system of law providing access to the sea gives them the right to fish a the Dwesa-Cwebe Reserve, a marine protected area.

20 Mar 2012

Green paper on land reform process: consolidating submissionsArticle

Businesslive.co.za reports that, as the process of preparing the green paper on land reform moves to the stage of consolidating all submissions from interest groups, the draft policy has been criticised for its silence on the issue of communal land and the role of traditional leaders.

10 Jan 2012

International: 50/50 campaign needs to extend to Nobel Prizes
International: 50/50 campaign needs to extend to Nobel PrizesArticle

The recognition of three women in the Nobel Peace Prizes announced earlier this month came as a welcome variation to the long list of male names, but it also begged the question why women so rarely get the prize, and why when they do, they have to share it.

Saeanna Chingamuka 21 Oct 2011

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