SA Crime Quarterly - Volume 2014, Issue 49, 2014
Volumes & issues
Volume 2014, Issue 49, 2014
Source: SA Crime Quarterly 2014, pp 3 –6 (2014)More Less
An immense irony characterises the scramble for land in democratic South Africa. Some of the ethnic homeland areas to which people were confined by colonial and apartheid segregationist laws and policies have become extremely valuable real estate since the discovery of platinum and other minerals beneath the land. As Sonwabile Mnwana explains in his article in this issue, the mining economy has progressively shifted to these areas over the past 20 years, often with devastating consequences and few benefits for the groups whose historical lands are now being mined.
Author Jeff PeiresSource: SA Crime Quarterly 2014, pp 7 –20 (2014) http://dx.doi.org/10.4314/sacq.v49i1.1More Less
This article examines the practices of the Commission on Traditional Leadership: Disputes and Claims, set up under the Framework Act of 2003 to 'cleanse' the institution of traditional leadership by ridding it of the illegitimate traditional leaders installed during the colonial and homeland eras. Close analysis of the Commission's hearings and determinations with regard to kingship claims by the Western Mpondo and Mpumalanga Ndebele shows that the Commission violated not only the historical past but even the limited constraints of binding legislation, in order to impose its own preferences in the name of custom. The experience of the Commission therefore highlights one of the most fundamental deficiencies in the Framework Act, namely insisting on the guiding role of 'custom' while failing to define the meaning of the term and its implications.
Chief's justice? Mining, accountability and the law in the Bakgatla-ba-Kgafela Traditional Authority AreaAuthor Sonwabile MnwanaSource: SA Crime Quarterly 2014, pp 21 –29 (2014) http://dx.doi.org/10.4314/sacq.v49i1.2More Less
Drawing on research conducted in the Bakgatla-ba-Kgafela traditional authority area in North West Province, this article explores how the expansion of platinum mining on communal land is generating resistance to a local chief. The point at issue is the chief's refusal to account for the mining revenues and business transactions that his traditional authority manages on the community's behalf. The article argues that the North West High Court's interpretation of customary law not only leaves the chief's unaccountability unchecked but also endorses the punishment of village activists who call the chief to account. Hence it remains extremely difficult for ordinary rural residents to challenge the chief to account for vast mineral revenues that he controls on behalf of their communities. Consequently rural anti-corruption activists are losing faith in the justice system.
Author Boitumelo MatlalaSource: SA Crime Quarterly 2014, pp 31 –40 (2014) http://dx.doi.org/10.4314/sacq.v49i1.3More Less
Members of the Bakgatla-ba-Kgafela traditional community have attempted to hold their traditional leader to account for decisions affecting the community. This article describes the interactions between some community members, traditional leaders, the state and courts, as members of the community have sought to challenge unilateral action by the traditional leader with regard to how community assets and revenue are managed and accounted for. The article examines the various actions groups and individuals have resorted to in an effort to confront traditional leadership and appeal to politicians, officials and the North West provincial government.
Justice and legitimacy hindered by uncertainty - The legal status of traditional councils in North West ProvinceAuthor Monica De SouzaSource: SA Crime Quarterly 2014, pp 41 –56 (2014) http://dx.doi.org/10.4314/sacq.v49i1.4More Less
The Traditional Leadership and Governance Framework Act 2003 provides for the transformation of apartheid-era tribal authorities into constitutional-era traditional councils with a role in traditional governance. The process involves reconstituting these councils to meet certain thresholds of women and democratically elected members. Where councils have failed properly to meet the thresholds - seemingly the case in much of North West Province - their present legal status is called into question. In North West, the ambiguity surrounding their status has been compounded by the conduct of the provincial government, underlying tensions in the legislation, and a confusing series of contradictory government notices and court judgements dealing with the issue. This article examines how the reconstitution requirements have been applied in practice in North West and considers the legal and material impacts of the existing uncertainty surrounding traditional councils' status. Where these councils are put forward as democratic bodies representing traditional communities in North West's platinum mining belt, these are particularly important issues to consider in relation to the legitimacy of traditional councils.
The chief is a chief through the people - Using Rule 7(1) to test the authority of a chief to litigate on behalf of his peopleAuthor Wilmien WicombSource: SA Crime Quarterly 2014, pp 57 –64 (2014) http://dx.doi.org/10.4314/sacq.v49i1.5More Less
This note discusses the judgement handed down by the North West High Court in Mafikeng in an interlocutory application in the matter of the Royal Bafokeng Nation (RNB) vs the Minister of Rural Development and Land Affairs and Others. The application was brought by several 'sub'-communities under the jurisdiction of the RBN, challenging the latter's authority to litigate on their behalf. This application relates to a growing tension between the political authority of traditional leaders and the fundamental right of their 'subjects' to speak for themselves. It may be argued that the judgement represents an important step beyond the established frame of this discussion in the North West courts, namely which representative traditional structure is the proper one, to a question as to the duty upon those structures to comply with customary requirements of broad consultation and consent. In the event, it demonstrates the potential substantive significance of a procedural formality such as regulated by Rule 7(1).
Author Brendan BoyleSource: SA Crime Quarterly 2014, pp 65 –70 (2014) http://dx.doi.org/10.4314/sacq.v49i1.6More Less
The provincial government of North West has consistently failed to protect the Bapo-ba-Mogale community in dealings with Lonmin Plc over the exploitation of the platinum reserves on the farms they call home. It is alleged that hundreds of millions of rand owed to these rural people may have been misspent or misappropriated, and more that should have been their due has never been paid out.
Johannesburg attorney Hugh Eiser has been fighting the Bapo community's case for more than a decade, tackling government and corporate authorities in a relentless effort to win a fair deal for people who have seen little benefit from the riches under their feet.