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.
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Showing items 1 through 9 of 187.-
Library ResourceReports & ResearchDecember, 2002South Africa
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Library ResourceJanuary, 2005Namibia
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Library ResourceJanuary, 2014Lesotho
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Library Resource
Case studies and local voices from Botswana, Madagascar and Mozambique
Reports & ResearchJune, 2011Madagascar, Mozambique, BotswanaThis reviews the literature on decentralised land governance in Southern Africa, highlighting key issues and challenges of ‘land governance from below’.
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Library Resource
Decree number 1/01: Norms on resettlement of internally displaced persons
Legislation & PoliciesNational PoliciesJanuary, 2001Southern AfricaFrom the decree: "Considering that the UN document titled “Guiding Principles on Internally Displaced Persons” establishes the general principles governing the treatment of internally displaced persons; Given that Angola is a country with high numbers of internally displaced persons resettling and returning to their areas of origin; Having found it necessary to establish the rules governing the resettlement process under the terms of the provisions of paragraph (f) of Article 112 and Article 113, both of the Constitutional Law, the Government decrees the following"
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Library ResourceLegislation & PoliciesMay, 2015South Africa
The Department of Rural Development and Land Reform (DRDLR) and the Ingonyama Trust Board presented their fourth quarter performance and financial reports for 2014-15. The Committee also received at status report on the Riemvasmaak community claim.
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Library ResourceLegislation & PoliciesMarch, 2015South Africa
The Department of Rural Development and Land Reform (DRDLR) briefed the Committee on its third quarter 2014/15 performance and progress on the recommendations made by the Department of Performance Monitoring and Evaluation (DPME) and the Management Performance Assessment Tool (MPAT) evaluation.
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Library Resource
Companion to Land Portal Botswana country narrative
Reports & ResearchMarch, 2021BotswanaThis detailed timeline provides further background information on the history and land governance of Botswana presented in the Land Portal Botswana country profile
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Library Resource
Companion to Land Portal Eswatini country narrative
Reports & ResearchMarch, 2021EswatiniThis detailed timeline provides further background information on the history and land governance of Eswatini summarised in the Land Portal country profile.
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Library Resource
Companion to Land Portal Lesotho country narrative
Reports & ResearchApril, 2021LesothoA detailed chronology of historical and political developments and land related issues in Lesotho. This detailed timeline accompanies the country profile of Lesotho, also published by Land Portal.
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