The Dualism of Contemporary Traditional Governance and the State

In many parts of the world, people live in “dual polities”: they are governed by the state and organize collective decision making within their ethnic community according to traditional rules. We examine the substantial body of works on the traditional–state dualism, focusing on the internal organization of traditional polities, their interaction with the state, and the political consequences of the dualism. We find the descriptions of the internal organization of traditional polities scattered and lacking comparative perspective. The literature on the interaction provides a good starting point for theorizing the strategic role of traditional leaders as intermediaries, but large potentials for inference remain underexploited. Studies on the consequences of “dual polities” for democracy, conflict, and development are promising in their explanatory endeavor, but they do not yet allow for robust conclusions. We therefore propose an institutionalist research agenda addressing the need for theory and for systematic data collection and explanatory approaches

Towards Customary Legal Empowerment

Rule of Law and Development: Formation, Implementation and Improvement of Law and Governance in Developing Countrie

The majority legal status of women in Southern Africa: Implications for women and families

Women in many countries of southern Africa do not have majority status or have only recently gained this right. Majority status grants individuals adult legal status and the right to bring matters to court, own and administer property, have legal custody of children, and contract for marriage. This article summarizes the legal status of women in Botswana, Lesotho, South Africa, Swaziland, Zambia, and Zimbabwe. Lack of majority status contributes to the ongoing risk of poverty for women and makes them overly dependent on men. Compounding the situation in these countries is the presence of a dual legal system. Improving the situation of women and their families involves targeting changes in the legal system, influencing implementation of laws, educating women about their rights, and giving women needed support to seek their legal rights. The legal status of women must be viewed in the context of historical changes in the economic, educational, political, and cultural developments of society.Peer Reviewedhttp://deepblue.lib.umich.edu/bitstream/2027.42/44657/1/10834_2005_Article_BF02267045.pd

Oral literature in South Africa: 20 years on

I offer a retrospective on the field of orality and performance studies in South Africa from the perspective of 2016, assessing what has been achieved, what may have happened inadvertently or worryingly, what some of the significant implications have been, what remain challenges, and how we may think of, or rethink, orality and performance studies in a present and future that are changing at almost inconceivable pace.DHE