In South Africa, it is evident that women are uniformed of their essential human rights, especially their inheritance and succession rights, including protection of such rights. Human rights are international norms that protect individuals everywhere from the states’ political, legal and social abuse. Human rights are entitlements which human beings have in order to enhance their human condition. They are the fundamental entitlements or minimum standards to be met for individual so that they live with dignity. This study focused on discrimination of women under customary law in South Africa with reference to inheritance and succession. The study validated the findings of other researchers on the impact of cultural practices on women’s rights to inheritance and succession. In addition the findings revealed that efforts t eliminate traditional practices, should foremost come from men and from communities that hold such destructive attitudes towards women. The outcomes and recommendations of this study would assist the government and other institutions to adopt effective measures to empower women and especially educate them so that they can assert and defend their human rights

The purpose of this study is to access the viability of traditional African courts in a future legal dispensation in South Africa. The research method used is a study of literature, court decisions and relevant statutes. The development of indigenous courts in South Africa is broadly outlined. As an analogy to the South African court system, the courts of Lesotho, Swaziland and Botswana are used to illustrate the dual systems of courts. Rapid urbanisation is discussed to illustrate that despite the increasing urbanisation, traditional values remain inherent to South African Blacks. The salient features of indigenous courts are analysed to facilitate the development of reform measures that have to be implemented so that the courts can meet the challenge of the future. / Constitutional, International and Indigenous Law / LL.M.

Traditional knowledge and legal regime of access and benefitsdistributionThis work highlights interests around traditional knowledge access of local and indigenous communities stressing the need to establish institutions involved in order to give an efficient legal answer within the political, scientific and economic framework. The author critically reviews ideas developed about this issue among international, regional and local spheres formulating the thesis of application of customary law, in particular about prior informed consent and benefits-sharing. Without disregard present conflicts management and those envisaged in the near future, implications and scenarios where State and international organizations determination must face this subject are addressed. / La ponencia pone en evidencia los intereses entorno al acceso a los conocimientos tradicionales de las comunidades indígenas y locales y marca la necesidad de definir los institutos en juego para dar una respuesta legal eficiente en el marco político, científico y económico. Pasa revista, críticamente, a los conceptos que han sido desarrollados entorno de la temática en los ámbitos internacionales, regionales y locales, y desarrolla la tesis de la aplicación del derecho consuetudinario en especial en lo atinente al consentimiento fundamentado previo y la distribución de beneficios. Sin desdeñar el tratamiento de los conflictos planteados, y los que se avizoran en un inminente futuro, se abordan las implicaciones y escenarios en los que la determinación de los Estados y de los organismos internacionales han de enfrentar en la materia.

Doctor of Philosophy / Department of Sociology, Anthropology, and Social Work / Robert K. Schaeffer / Increasing human population, economic development and climatic changes in Sub-Saharan Africa have caused water scarcity, hence an urgent need for institutional arrangements that will lead to sustainable water management. This study analyzes the impact of customary institutions on rural water management in Tanzania, and shows how they might be used to complement the statutory institutions. The study was conducted in Bariadi district, northwestern Tanzania. The data were collected from household surveys, focus group discussions, key informants, participant observations, photographs, and secondary data sources. The results indicate that customary institutions are the most commonly used in regulating equitable access to water, prevention of water pollution and abuse, and natural resource conflict resolution. The awareness of the customary laws was higher than statutory laws because of the participatory nature of the customary institutions. Statutory institutions were found to be important for regulating water development issues. Villagers were not aware of statutory laws related to equitable water access, and prevention of water pollution and abuse. The study also found that customary institutions tend to discriminate against women. Women do not have land rights and were not allowed to participate in customary institutions activities. These results suggest the need for the government to recognize the importance of customary institutions in water management. The government needs to design policies and strategies that will ensure that women’s rights are respected by the customary institutions. There is also a need for fostering women’s participation in decision making, and designing cooperative institutions that are organized and governed by resource users themselves.

LL.M. / Please refer to full text to view abstract

Magister Legum - LLM / This research aimed to undertake an investigation into the question of whether after divorce, in the matrilineal customary law marriage in Malawi, women's rights are severely violated. The study showed causes of divorce, how proceedings are done, how issues of property are handled, how the issue of custody of children and maintenance are also handled. All this was weighed against the constitutional provisions and international law. / South Africa

Masters in Public Administration - MPA / This study looked at socio-economic and political constraints on constitutional reform in Swaziland, an independent state with a fully autonomous government that falls under the Monarch who is Head of State. Swaziland maintains strong economic and trading links with South Africa and also maintains such ties with other states, especially in the Southern African Development Community region. Up untill 1973, the country's constitution was Westminister based. This was evoked and replaced with a system designed to facilitate the practice of both western and traditional styles of government. This system incorporated the system known as Tinkhundla and provides for the people to elect candidates to be their parliamentary representatives for specific constituencies. / South Africa

Magister Legum - LLM

Magister Artium - MA / Ethiopian ethnic groups exhibit highly autochthonous cultural norms and values that are embedded in their traditional beliefs, systems, and religions. This study shows how, at the grassroots level, the Gurage ethnic group in Ethiopia, uses culturally legitimate forms of conflict resolution practices to mobilize and reinforce gender hierarchies, and how the discourses of culture, custom, tradition, social stability and cohesion are connected to gendered power relations. The study provides an analysis of how discourses of culture in African contexts influence, and become a compelling framework for both men and women to define themselves in institutions of marriage, and in related practices of conflict resolution and mediation.Drawing on a rich body of Southern African theory and analysis and by deploying it in relation to marriage in the Ethiopian context, the research shows that customary practices of conflict resolution have been one of the central Ethiopian definitions of authentic culture. Ethiopia, unlike the rest of Africa, reveals many complexities in exploring popular mechanisms and institutions that are very convincingly ''pre-colonial''. At present, these are manifested through cynicism towards western culture, reluctance to readily embrace it, and an accentuated sense of national pride shaped through the struggle against hovering ethnocentricism, imperialism and neo-imperialism. The research explores the dynamics of power that influence married couples' decisions about where and how they should resolve their martial disputes, and in selecting between the formal justice system and customary mediating mechanism. First-hand information was gathered from women and customary leaders, via participatory methodologies, and the data served as input to explain why and how discourses of culture are being mobilized so powerfully to reinforce gender hierarchies in Ethiopia. The research findings evidently show how ''culture'' is ''made real'' and authentic for Ethiopians, particularly for members of the Gurage ethnic group, through the dealings of popular cultural practices: the resolution of marital conflicts. I argue that marital conflict resolution in Gurage is an elaborate practice that validates patriarchal agenda, overseen by male elders, to regulate problems within individual marriages. The research problematised the recognition of ''customary practice'' in the Constitution as alternative systems by presenting the limited rights Gurage women have as opposed to the ''freedom of choice'' that is granted in the Constitution. The case reveals the difficulty of having two laws that have different understanding of human rights.

The literature on development abounds with examples of development failure, yet people still choose to be involved in small-scale development projects. The study explores the unforeseen and less obvious value of projects in the lives of ordinary people in Giyani, Limpopo, South Africa. During the past three decades, the place and people have experienced considerable political, economic and social transformation – Giyani started as the capital of the Gazankulu homeland, but is now in a unified country, part of the present dual economy. Hence, the link between the Giyani project participants’ experiences and the adjustment to the changes was investigated. Interviews with members of four small-scale development projects formed the ethnographic component of the study. These interviews were augmented by a household survey to determine the participation levels in small-scale projects. The study explores the extent to which the needs of the participants are being met by the projects, using Bourdieu’s distinction between economic, social, cultural and symbolic capital as a lens. The effects of ‘structural adjustment’ measures on qualified professionals (civil servants), their participation in projects and adaptation to changes are examined. The study also investigates the experiences of gender empowerment and changes with regard to subservience to customary law and traditional authorities. The gender and power relations of the ageing process were also examined. The study examined the Avelanani crèche, which was formed to provide pre-school education for the children of refugees from Mozambique, and which was funded through missionary networks. The Giyani Aged Garden project, established by the homeland government, provides a space for retired people from both the civil service and those from poor backgrounds to share and function for their mutual benefit. Ahitipfuxeni, a town-based project, has stage-managed its qualification for funding from various government departments and agencies. By contrast, Hi Hlurile, a project established during ‘structural adjustment’ by professionally trained women, straddles the Second and First Economies and is using business principles, product and service quality, and global connectedness to access ‘social funds’ and other networking opportunities. The study has revealed that these four projects have not achieved the goal of economic empowerment, but that they do provide a safe haven for women and men in times of rapid changes in the political, social and economic spheres. The participants demonstrate agency within a project environment that promotes participative decision-making, democratic leadership and activities supporting empowerment through the accumulation of various forms of capital. The survey demonstrated that 16.2% of the residents of Giyani were involved in small-scale projects. Of the project participants, 89% were women, and 63% of the households of project participants depended solely on government grants for regular income. The findings of the study were used to analyse the government’s plan to facilitate development through Community Development Practitioners, a concept that would promote State planning and control that would stifle the agency of people, would increase the size of the civil service and absorb funding that should reach the poor. / Thesis (DPhil)--University of Pretoria, 2011. / Anthropology and Archaeology / unrestricted