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This book examines the ongoing resurgence of traditional power structures in South Africa. Oomen assesses the relation between the changing legal and socio-political position of traditional authority and customary law and what these changes can teach us about the interrelation between law, politics, and culture in the post-modern world.
This book argues that the promulgation of the Traditional Leadership and Governance Framework and Communal Land Rights Acts runs the risk of compromising South Africa's democracy. The acts establish traditional councils with land administration powers. These structures are dominated by unelected members.
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3. The constitutive effects of cultural rights legislation -- 4. Law, power and culture -- 5. Alternatives -- References -- Index
As South Africa consolidates its democracy, chieftaincy has remained a controversial and influential institution that has adapted to recent changes. J. Michael Williams examines the chieftaincy and how it has sought to assert its power since the end of apartheid. By taking local-level politics seriously and looking closely at how chiefs negotiate the new political order, Williams takes a position between those who see the chieftaincy as an indigenous democratic form deserving recognition and protection, and those who view it as incompatible with democracy. Williams describes a network of formal and informal accommodations that have influenced the ways state and local authorities interact. By focusing on local perceptions of the chieftaincy and its interactions with the state, Williams reveals an ongoing struggle for democratization at the local and national levels in South Africa.
Post-1994, South Africa's traditional leaders have fought for recognition, and positioned themselves as major players in the South African political landscape. Yet their role in a democracy is contested, with leaders often accused of abusing power, disregarding human rights, expropriating resources and promoting tribalism. Some argue that democracy and traditional leadership are irredeemably opposed and cannot co-exist. Meanwhile, shifts in the political economy of the former bantustans − the introduction of platinum mining in particular − have attracted new interests and conflicts to these areas, with chiefs often designated as custodians of community interests. This edited volume explores how chieftancy is practised, experienced and contested in contemporary South Africa. It includes case studies of how those living under the authority of chiefs, in a modern democracy, negotiate or resist this authority in their respective areas. Chapters in this book are organised around three major sites of contest: leadership, land and law.
South Africans of all races remember the moment when Neil Tovey raised the Africa Cup of Nations trophy in 1996, with Nelson Mandela at his side wearing his number 9 jersey. It still represents South Africa’s greatest success in international football. In his long-awaited autobiography, Tovey tells his fascinating life story, describing his modest upbringing in Durban, his entry to a mainly black sport in a deeply segregated 1980s South Africa, and his time as captain of Kaizer Chiefs and Bafana Bafana. He recalls his introduction to ‘muti’ rituals by team members and his growing popularity among Chiefs supporters, who nicknamed him Mokoko (boss chicken). Tovey also writes about his experiences as a coach and as technical director of the South African Football Association (SAFA), and shares his insights about the state of the sport today. He talks frankly about his family life and about surviving two heart attacks, and gives insights into leadership and success. This book will appeal to all football fans, but it is also a fascinating story of a man who has lived a truly 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.
This study analyses the effects of democratic transition in two African countries - Cameroon and South Africa - on chiefs and the institution of chieftainship. Based on ethnographic fieldwork, the monograph explores the cultural and socio-political conditions that enabled chiefs to reinvent themselves in the new era of democratic politics despite their status as 'old political actors'. It explores the kinds of legitimacies claimed by chiefs in the new era and the responses of their subjects to such claims, particularly with respect to chiefs' involvement in national politics. The monograph makes a case for the importance of comparative research on chiefs in the era of democracy and the predicaments they face therein. It contends that contrary to exhortations about the incompatibility of chiefs and democracy, the reality is that political transition in both South Africa and Cameroon produced contradictions, creating space and a role for chiefs in a fascinating and negotiated interplay of legitimacies and history.
History and oral traditions in southeastern Africa -- Oral traditions in the reconstruction of southern African history -- Shipwreck survivor accounts from the sixteenth and seventeenth centuries -- Founding families and chiefdoms east of the Drakensberg -- Maputo Bay peoples and chiefdoms before 1740 -- Maputo Bay, 1740-1820 -- Eastern chiefdoms of southern Africa, 1740-1815 -- Zulu conquests and the consolidation of power, 1815-21 -- Military campaigns, migrations, and political reconfiguration -- Ancestors, descent lines, and chiefdoms west of the Drakensberg before 1820 -- The Caledon River valley and the Basotho of Moshoeshoe, 1821-33 -- The expansion of the European presence at Maputo Bay, 1821-33 -- Southern African kingdoms on the eve of colonization.