oa Comparative and International Law Journal of Southern Africa - Squatters on their own land: San territoriality in Western Botswana
|Article Title||Squatters on their own land: San territoriality in Western Botswana|
|© Publisher:||Institute of Foreign and Comparative Law|
|Journal||Comparative and International Law Journal of Southern Africa|
|Affiliations||1 First Nations Development Institute, Fredericksburg, VA|
|Publication Date||Mar 1998|
|Pages||92 - 121|
|Keyword(s)||Bechuanaland Protectorate, Bushman Development Programme, Fauna conservation, Hunting regulations, Kalahari, Remote Area Dweller Programme, San land tenure, San of Gomghae, San territoriality, South Africa, Tribal Grazing Land Policy, Tribal Land Act, Tribal Land Amendment Act and Wildlife Conservation and National Parks Act|
The primary objective of this paper is to argue that the San hold aboriginal title to the territory that they are claiming as their nloresi (traditional territories). They are the undisputed original occupants of this territory and it will be argued that their aboriginal title survived the acquisition of the territory by the British. Following this line of argument, it will be further shown that San customary law regarding land tenure should form the basis of any decisions regarding land in the San traditional territories (Kalahari). The last section will explore possible alternatives under contemporary legislative instruments such as the Tribal Land Act.
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