Family mediation is a process that' was and is still practised by African indigenous societies. However, mediation in relation to family and divorce matters, is viewed either positively or negatively by most South African writers mainly from a Western perspective. The recommendations made in this work focus, amongst other things, on what ought to be done by policy makers and exponents of mediation in order to make the ,benefits of mediation realised by South Africans particularly disadvantaged communities. The role of illiterate and semi-literate South African citizens)'is pointed out as being critical more in managing family disputes from disfunctioning the family and leading to marriage break-down than merely mediating the parting of ways and ancillary issues of marriage. The practice of family mediation and procedures followed by Africans when introducing the son-in-law to the daughter-in-Iaw's family and the protracted marriage negotiations between Umkhongi (emissary) and the in-laws are all indicative of the entrenched or mandatory approach to family mediation. The benefits of the peaceful ending of marriage relationship through third party interveners are highlighted in President Mandela's desire to terminate his marriage as 'painless as possible' particularly for the sake of children. It is pointed out in this work that the Bushmen of the Kalahari Desert still adhere strictly to their tribal mediation procedures both in relation to family disputes and disputes in general. The tribe relies highly on korakoradue who is its senior citizen and respected elder, as resolver of community disputes. III The South African Justice Department brought hope when it worked toward introducing divorce mediation legislation. However, the vision was misdirected as the enacted family mediation legislation turned out to be constraining in its operation contrary to the recommendations by the Hoexter Commission. The majority of destitute South Africans who should be benefiting from this legislation end up not knowing about the existence of the Act and/or not making use of it because of the costs involved as only the Supreme Court can adjudicate upon matters covered by the Act. The lack of research which focuses on local mediation styles makes it difficult to justify, for example, either Mrs. Mandela's claim when she said ,Mr. Mandela had not answered to the 'African Cultural and Traditional Inkundla' or Mr. Mandela's defence that he respects customs but is not a 'tribalist' as he 'fought as an African Nationalist with no commitment to any tribal custom'. / Thesis (LL.M.)-University of Durban-Westville, 1997.

ivThe rapid increase of land development, the increase in population and theexploitation of natural resources have caused great concern to mostgovernments in the world today. Land and land tenure systems are the keyelements and the key forces which shape the society. However, theconstraints of the land tenure system and the effects of rapid economicdevelopment are visible throughout the world today, especially in lessdeveloped countries. Therefore land problems often break out as disputes. Inthis context, this thesis concentrates on customary land tenure and thecustomary land problems in Fiji.The main purpose of this thesis is to propose an alternative centre for theadministration and management of customary disputes, which will utiliseland information and geographical information to its maximum capabilities.It is anticipated that this model would assist customary landowners, landadministrators and land managers to resolve customary land disputes. TheFiji customary land tenure system is examined, in particular, landownership,land boundaries and land administration. These three topics are discussedindividually and then discussed as a basis of land disputes. It is in these threeareas that a procedure is developed into a system that may help in customaryland dispute resolution.This thesis aims to assist all other countries with customary land tenureproblems, especially those countries of the South Pacific that share the sameprinciples and the same flexibility.

Proefschrift Leiden. / Résumé en francais. Lit. opg. - Index.

Thesis (M.A.)--Saint Mary's University, 2000. / Title from pdf t.p. (viewed May 12, 2008) Published on the Library and Archives Canada Web site. Includes bibliographical references.

Tesis--Madrid. / "Las Costumbres o Constituciones de Miravet estaban inéditas hasta ahora. La presente edición contiene el texto latino, según el manuscrito del Archivo histórico nacional, con las variantes de la parte latina del de la Biblioteca Colombina."--P. xviii. "Durante la dominación de los templarios, regían en Miravet, en parte, las Consuetudines ilerdenses y, en parte, el derecho consuetudinario local ... El Privilegium de Miravet es, en lo fundamental, el cruce jurícico de las Consuetudines ilerdenses con el derecho consuetudinario de la bailia."--Historia y fuentes de estas constituciones, p. [xi]-xiv.

No description available.

Magister Legum - LLM / The aim of the study was to assess Zimbabwe‘s legal response to gender-based violence that can be to traditional cultural practices. First, most traditional cultural practices in Zimbabwe are discriminatory towards women and girls; the study has therefore shown the link between gender-based violence and traditional cultural practices. Second, it has been shown that the recognition of the right to culture by international and regional instruments is subject to non-violation of human rights. Third, the min-thesis has also established that in complying with its international obligations on the protection of women from gender-based violence linked to traditional cultural practices, Zimbabwe has enacted a plethora of legislation. More importantly, the study has also proven that despite these legal initiatives, gender-based violence linked to traditional cultural practices still continues. This mini-thesis has, among other factors, highlighted the following as shortfalls in legislations passed to address this problem: poor enforcement of these laws; Zimbabwe‘s hybrid legal system where customary law operates in conjunction with civil laws; weak wording of some pieces of legislation, such as legislation that deals with marriage rights for women married under customary law; and that most women, especially those in rural areas are not fully equipped with the knowledge of the different pieces of legislation that have been put in place to protect them from such violence.

Philosophiae Doctor - PhD / The Yayo district in southwest Ethiopia is a biodiversity hotspot area historically containing a rich diversity of wild coffea arabica cultivars and Afromontane forest species of commercial and scientific value. Informed by political ecology and using qualitative research methods, notably participant observation, personal interviews, transect walks and analysis of secondary literature and videos, the study documents three major shifts in access, use, control and management of wild coffee and other natural resources in the Yayo district: first, village-level small-scale wild coffee cultivation and forest product harvesting; second, conservation and designation of protected forest areas and use zones, and most recently, coal mining and the future development of a fertiliser plant. The study details in depth how these three resource control regimes came to be and especially the social impacts they entailed on local (indigenous) communities residing in four villages in the Yayo district: Achebo, Gechi, Wabo and Wutete. It concludes with a discussion on the local socio-ecological impact and challenges facing the long-term survival of the local communities and wild coffea arabica forest biodiversity in the area. Since the early 1900s, the wild coffee forests were managed and used by local, indigenous communities based on customary social institutions including Abbaa lafaa, Ciiqaashuum, Qoroo, Tullaa, Xuxxee, and Shaanee. These institutions eroded overtime as the Ethiopian state working in tandem with professional conservationists valued the wild coffee forests for their forest biodiversity and strove to control historic wild coffee use through protectionist approaches. The thesis discusses how the restriction of access not only resulted in a range of negative social effects (such as displacement, joblessness, and landlessness) but also gave rise to occasional local conflicts and formal and informal resistance towards the conservationists and their programmes. As such, the protectionist approach did not succeed in safeguarding the wild coffees or the livelihoods of the local communities. Threats to the wild coffee forests were subsequently raised again with the rise of largescale coal mining operations in the forest. Driven by concern for economic growth, the state has shifted its attention from biodiversity preservation to supporting a coal mining operation in the area and the construction of the first-ever in country fertiliser factory in Yayo. With the advent of coal mining interests, not only have the historic customary rights and livelihoods of local communities been further weakened but also those of the power of the conservation regime. The early construction phases of the fertiliser factory have led to involuntary displacements, unfair expropriation of villagers’ properties, forest and wild coffee clearance, emergence of new diseases such as malaria, and damage to physical infrastructure. Overall, the study shows that the progressive shifts in resource access, control and use have occurred as a result of changing ecologies, ecological knowledge and values, community dynamics, economies, and the shifting policies and strategies of the government of Ethiopia. These changes, especially the control of resources by mining proponents, suggest major challenges for the future existence of wild coffea arabica cultivars in the area and the wellbeing of local communities who had used and managed them in the past.

Dual land administration systems operate in many peri-urban customary areas in subSaharan Africa (Burns, 2007), yet the rationality behind them is different, and possibly conflicting (Watson, 2003). The conflicting rationalities between the dual systems have created binaries in land administration discourse. Some scholars have promoted statutory land administration systems over customary systems (Hardin, 1968). Many pre-21st century land administration systems theories were purely economy-based, and sought to discredit customary land administration and tenure systems (De Soto, 2000; Peters, 2009). The weaknesses of customary land administration and tenure systems have been widely articulated in economy-based land administration literature (Demsetz,1967). However, recent research findings seem to suggest that peri-urban customary land management could improve through hybrid land administration, incorporating both customary and statutory systems (Whittal, 2014). In this study, statutory and customary land administration systems are examined to understand how they can be integrated to improve effective land delivery at the peri-urban interface in Ghana. A case study analysis of hybrid forms of land administration was undertaken, using both primary and secondary data. Relatively successful case studies (from Ghana and other parts of sub-Saharan Africa) were deliberately chosen to learn good ways of managing peri-urban customary land. Land administration practices in such areas were assessed using the good land governance framework. The case study analysis reveals that hybrid land administration systems are appropriate in enhancing livelihood sustainability and tenure security of the local people. To this end, the study proposes some improvements in hybrid land administration practices to reduce conflicting rationalities between customary and statutory land administration systems.

Magister Legum - LLM / The right to property is a human right guaranteed to all, including women, under various international legal instruments such as the Universal Declaration of Human Rights, the Convention on the Elimination of All Forms of Discrimination Against Women, the African Charter on Human and Peoples’ Rights as well as the Maputo Protocol. The right to property is further guaranteed under various Constitutions. However, despite the guarantee to the right to property, many women in Africa are deprived of their property rights.