Reconciling living customary law and democratic decentralisation to ensure women’s land rights security

Abstract

The recent Constitutional Court judgment rendering the Communal Land Rights Act (CLARA) unconstitutional (Tongoane and Others v Minister for Agriculture and Land Affairs and Others) must not be allowed to throw decentralisation policy making into disarray. Decentralisation holds much potential for lively, participatory democratic law making and enforcement, through which rural women can gain greater power and secure more rights. However, there are many challenges in the often fraught context of decentralised law and power

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